OUR GOVERNMENT 

LOCAL,STATE AND NATIONAL 


JAMES AND SANFORD 


NORTH CAROLINA EDITION 





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OUR GOVERNMENT 


LOCAL, STATE, AND NATIONAL 




OUR GO^■ERNMENT 


LOCAL, STATE, AND NATIONAL 


BY 

J. A. JAMES, Ph.D. 

'\ 

PROFESSOR OF HISTORY IN NORTHWESTERN UNIVERSITY 

AND 

A. H. SANFORD, M.A. 

PROFESSOR OF HISTORY, STATE NORMAL SCHOOL, STEVENS POINT, 

WISCONSIN 




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o 


NEW YORK 

CHARLES SCRIBNER’S SONS 

1904 


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LIBRARY of CONGRESS 
Two Coolc!* Received 

JUL 9 1906 

Copyright Entry 
CLASS XXc. No. 

COPY B. 




COPYRIGHT, 1903, BY 
CHARLES SCRIBNER’S SONS 


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Nortoooti ^Prcsg 

S. Cushing & Co. — Berwick & Smith Co. 
Norwood, Mass., U.S.A. 



PREFACE. 


The subject-matter herewith presented partially repre¬ 
sents the plan pursued by the authors as teachers of civil 
government for a number of years in high school, academy, 
and normal school. It has been found that a study of the 
methods by which the affairs of government are conducted 
gives constant interest to the work, and, consequently, the 
practical side of government has been emphasized. But 
while our desire has been to bring the actual working of 
the institutions under which the student lives into promi¬ 
nence, we have also attempted to give such accounts of the 
origin and early development of forms of government as 
will assist in explaining their process of growth. The plan 
of discussion is similar to that followed in “ Government 
in State and Nation.” The general favor with which that 
text has been received leads to the belief that it fully meets 
the requirement of the Committee of Seven fot such schools 
as present civil government in the third or fourth year of 
the course. In many cases, however, the subject is taught 
earlier in the course, and the present work has been pre¬ 
pared in answer to the requests of teachers for a text 
suitable to this class of students. 

The arrangement is such that either Local (Part I), 
National (Part II), or State Government (Part III) may 
be studied first. In the work on local and State govern¬ 
ment it is not expected that the student will learn all of 
the different practices found in the various States, but that 
he will compare them with those of his own State. 


VI 


PREFACE. 


While some of the discussions and many of the sugges¬ 
tive questions are intended to make students realize more 
completely their duties as citizens, many more having a 
local bearing will occur to teachers. It is scarcely to be 
hoped that all of the books and magazines mentioned will 
be found in any high school library, but the need for sup¬ 
plementary reading is being met through the rapid increase 
of public libraries. A working library on the subject of 
civics may be accumulated in a short time if only a few 
of the books given in Appendix C are procured each year. 
No attempt has been made to give references to all of the 
material which has appeared within the past few years. 

The ability of the reader and the time to be devoted to 
the subject have been kept constantly in mind. There 
may be more supplementary questions and references than 
can be used by any one class. Should it happen, on the 
other hand, that more work of this character is desired, 
the need may be met by reference to similar questions in 
“Government in State and Nation.” 

We are under obligation to Miss Carla F. Sargent of 
Northwestern University Academy who read a large part 
of the manuscript. We also take this opportunity of 
acknowledging the assistance given by many teachers 
of civics, strangers to us, who are using “ Government in 
State and Nation,” for their helpful suggestions. 


Evanston, Illinois, 
May I, 1903. 


CONTENTS 


CHAPTER 

I. 

II. 

III. 

IV. 


V. 

VI. 
VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 
XV. 

XVI. 

XVII. 

XVIII. 

XIX. 


PART I. 

The Work of Local Government . . . . 

County Government . 

The Origin of Local Governments 

The Government of Cities. 

PART II. 

Events leading to the Formation of the Union 
The Constitutional Convention . . . . 

Organization of the Legislative Department . 
Powers and Duties of the Separate Houses 
How Laws are made by Congress . . . . 

Some Important Powers of Congress . 

Other General Powers of Congress . 

Powers denied the United States and the Sev¬ 
eral States . 

The Executive Department. 

Powers and Duties of the President . 

The Cabinet. 

The National Judiciary. 

Territories and Public Lands .... 
Amendments to the Constitution .... 

The Governments of the World .... 

vii 


PAGE 

i 

7 

13 

19 


32 

40 

50 

66 

73 

83 

98 

III 

115 

131 

141 

156 

165 

175 

179 






CONTENTS. 


viii 

APPENDIX. 

A. Constitution of the United States . . . .187 

B. The Articles of Confederation.204 

C. Reference Books.213 

INDEX ..215 



PART I. 

LOCAL GOVERNMENTS. 


CHAPTER I. 

THE WORK OF LOCAL GOVERNMENT. 

The Preservation of Order. — The first and most impor¬ 
tant function of any government is the preservation of 
order. We think of this function most frequently as exer¬ 
cised in the arrest of offenders who violate the law. In 
fact, most young persons receive their earliest ideas of 
government by seeing that embodiment of governmental 
authority, the policeman, or constable. But he is not the 
only officer who is concerned in the preservation of order. 
The police officer who makes an arrest cannot punish his 
prisoner, but must merely hold him until it is decided that 
he deserves punishment. This is the work of a court, 
with its justice, or judge, and the jury. If the prisoner is 
declared guilty, then the police officer executes the orders 
of the court by collecting a fine or by imprisoning him. 
We have here illustrated two divisions of governmental 
authority: (i) the jiidicial, which decides whether the law 
applies in particular cases; and (2) the executive, which 
carries out the requirements of the law and the orders of 
the court. 

B I 


2 


LOCAL GOVERNMENTS. 


Law-making. — The executive and the judicial officers 
are both subject to higher authority: the one applies and 
the other executes the law. The framing of the law con¬ 
stitutes the third function of government. This is the work 
of legislation, carried on by such bodies as the town board, 
the village board, and the city council. But these law¬ 
making bodies do not possess independent authority; they 
are bound more or less strictly by the opinions of those 
who elected them to office; i.e. the body of voters. 

The Three Divisions of Government. — We say, then, 
that in our country government is based finally upon the 
ivill of the people. For the expression of their will they 
choose numerous officers, who may be grouped under three 
heads, corresponding to the general divisions of govern¬ 
ment: legislative, executive, and judicial. 

Just as it would be impossible for all the voters to take part in 
applying or interpreting the law, so it is in most cases impossible for 
them to assemble i-n a body and make the laws. They generally dele¬ 
gate this work to legislators; but in some States the voters of a town 
(or township) assemble yearly in town meeting, where all may take 
part in discussion and in voting. 

Roads and Streets. — The preservation of order is but 
one of the functions of government. In towns where the 
population is scattered, roads must be built, and it is still 
more necessary that in villages and cities, where many 
people live within a small area, streets should be graded 
and paved and sidewalks maintained. This is an illustra¬ 
tion of the way in which, through the machinery of govern¬ 
ment, people provide themselves with many conveniences 
that it would be impossible for each citizen to provide for 


THE WORK OF LOCAL GOVERNMENT. 


5 


himself. The legislative bodies already mentioned deter¬ 
mine the extent to which these things shall be done: the 
town board orders the laying out of a new road; the vil¬ 
lage board or the city council passes ordinances saying 
what streets shall be paved and what materials shall be 
used in the work. 

Executive Officers, General and Special. — The actual 
execution of the work involved in public improvements 
is generally in charge of a special officer, such as the road 
or street commissioner. But since there are many other 
matters of public concern that require attention, each 
under the control of an executive officer, it is necessary 
that a general officer should be in authority over all of 
these as the chief executive of the local government. This 
officer is known by various titles, as, in the town the 
chairman^ in the village the president, and in the city the 
mayor. In any case, he has all or most of the important 
executive work of government under his control. It is his 
duty to see that the laws are obeyed, so the police officers 
are subject to his orders. The chief executive is guardian 
of the people’s interests; for he must see that the minor 
officers do not injure the public welfare by neglect of duty, 
and he must defend the public from all persons who would 
encroach upon its rights. 

Let us now consider some of the other ordinary func¬ 
tions of local government. 

The Poor. — Poor relief may be mentioned first. How 
much aid shall be granted to paupers, and how shall it be 
distributed, are questions that everywhere require attention. 


4 


LOCAL GOVERNMENTS. 


Public Health. —Public health is also an important sub¬ 
ject upon which local laws must be enacted. In cities, 
particularly, the council passes strict regulations for pre¬ 
venting the occurrence of diseases and for checking the 
spread of such as are contagious. City ordinances are 
also enacted regulating the construction of sewers and 
drains. The health commissioner and the city physicians 
are the particular officers who direct the execution of laws 
upon these subjects. 

Education. — Public education is among the most impor¬ 
tant of the local government’s functions. The free schools 
which exist everywhere in our country are supported and 
controlled chiefly by the towns, villages, and cities. In many 
States, however, there are other divisions, called school dis¬ 
tricts, which have boards and officers for this purpose. 

Other Necessary Functions. — Protection from fire is so 
important in communities where population is dense that 
special officers and apparatus must be provided. So, too, 
streets must be lighted, and a pure water-supply provided. 

Parks, Museums, and Libraries. — Besides the functions 
of government that are readily seen to be necessary, there 
are others which may not at first appear to be so. We 
have cities providing parks, with beautiful lawns and 
flower-gardens; museums, where articles of historical and 
scientific interest are kept; aquariums and zoological 
gardens; libraries, with books, magazines, and papers for 
the free use of all citizens. If one looks closely, he will 
see a reason in each case why the government undertakes 
these various enterprises. 


THE WORK OF LOCAL GOVERNMENT. 


5 


Why Taxes are Levied. — We have now to consider a 
power of government, without which none of the others 
so far enumerated could be exercised. This is the taxing 
power. In every instance money must be used by local 
governments in exercising their functions. Officers, who 
are agents of the people, depend largely upon taxes for 
their salaries. Taxes are levied by the legislative bodies 
that we have found in towns, villages, and cities. Other 
officers, assessors and treasurers, determine the amount to 
be paid by each citizen and collect the taxes. The treas¬ 
urer also has custody of public money, and pays it out 
when ordered to do so by the proper authorities. 

All of the operations of government are matters of 
record. While each officer is expected to keep strict ac¬ 
count of the operations of his own department, the general 
records of towns, villages, and cities are kept by the clerks. 

This general view of local governments may now be 
summarized in two forms : — 

I. The Functions of Local Government. 

1. Protection : — 

The preservation of order. 

Protection against fire. 

Protection of public health. 

2 . Providing Necessities and Conveniences: — 

Roads — Streets — Sidewalks. 

Water — Lights — Sewers. 

Poor relief — Education. 

Parks — Libraries — Museums. 


6 


LOCAL GOV^ERNMENTS. 


II. Officers of Local Government.^ 


TOWN. 

Board 
Chairman 
Clerk 
Treasurer 
Assessors 
Constables 
Road Commis¬ 
sioner 
J ustices 


VILLAGE. 

Board 
President 
Clerk 
Treasurer 
Assessors 
Constables 
Street Commis¬ 
sioner 
Justices 


CITY. 

Council 

Mayor 

Clerk 

Treasurer 

Assessors 

Police 

Street Commis¬ 
sioner 
Justices 


SUPPLEMENTARY QUESTIONS. 

Make a study of your local (town, village, or city) government. 

1. Group the officers as legislative, executive, and judicial, respec¬ 

tively. 

2. How many different methods are used in paying these officers ? 

3. Do all the voters ever assemble to make laws? If not, how is the 

will of the majority expressed ? 

4. What are some of the local regulations regarding the poor? 2 pub¬ 

lic health ? protection from fire ? 

5. Who pays for the education that young people receive in the public 

schools ? 

6. How much has your local government done toward furnishing 

things that are not merely conveniences ? How do you justify 
expenditures for these purposes ? 

7. Does the management of local government excite as much inter¬ 

est among the citizens as it should? 

8. In what ways are students ddrectly interested in having efficient 

local governments ? 

1 The list here given is not complete, and the official titles are not the 
same in all States. 

2 For a general account under this topic, see James and Sanford, “ Govern¬ 
ment in State and Nation,” Chapter VIII. Health regulations are discussed 
in the same work, pp. 98 and 99. 


CHAPTER IL 


COUNTY GOVERNMENT. 

Why there are Counties. — If the local organizations 
discussed in the preceding chapter could attend to all the 
interests that citizens have in common, then government 
would be a much simpler matter than it is. But just as 
almost every citizen has business and social relations out¬ 
side of the immediate vicinity in which he lives, so differ¬ 
ent communities must have political relations with each 
other if they are to live in harmony. For this and other 
reasons, which we shall learn presently, county govern¬ 
ments are instituted. Their organization and functions 
correspond quite closely to those of the towns, villages, 
and smaller cities. 

Important County Officers. — The local governments can¬ 
not undertake alone the preservation of order or the protec¬ 
tion of citizens against criminals. We have, consequently, 
an important officer, the sheriffs who with his deputies has 
power to make arrests. There is also the judicial side of 
county governments, seen in the courts with its judge. In 
this court another county officer, called the district or 
State's attorney, prosecutes persons who are accused of 
crime; i.e, he finds and presents in the trial evidence 
of the prisoner’s guilt. 


7 


LOCAL GOVERNMENTS. 


Functions of County Government. — Public highways are 
also matters of more than local concern. When an expen¬ 
sive bridge is to be built, or an important road in which 
several communities are interested is to be constructed, 
the county government can best raise the money and 
manage the work. So, too, in caring for the poor, the 
county may aid the local governments, or it may assume 
entire charge of the paupers, and maintain a poorhouse. 

The County Board. — It is evident that there must be 
a legislative body which shall determine the policy of the 
county in these matters. This is the coimty board, or as it 
is called in some States, the coimty court. In most States 
this body is composed of commissioners. These are elected 
by either of two methods: (i) at large, when every voter 
may vote for the entire number of commissioners; (2) they 
may be elected from districts into which the county has 
been divided. In some States the members of the county 
board are called supervisors, and they represent the towns, 
villages, and wards of cities. Under this system the county 
board is generally larger than under the commissioner sys¬ 
tem. There is another difference between the two systems : 
in the States that have county commissioners, the county 
government has more extensive functions than in the other 
States. That is, county government has almost entire con¬ 
trol of such matters as roads and poor relief, leaving the 
local governments with little authority in these directions. 
On the other hand, where the supervisor system exists, the 
towns and villages have chief authority in legislating upon 
these matters, and the county assists or takes only such 
part as it finds necessary for the general good. 


COUNTY GOVERNMENT. 


9 


Power of the Board. — The county board holds annual 
meetings and legislates for the county as a whole. It has 
charge of the county property, including the court-house, 
jail, and poorhouse. Since it must provide for the ex¬ 
pense of maintaining these buildings, for the salaries of 
county officers, and for other expenses connected with 
roads, poor, and other county business, the board must 
also have the power of levying taxes. 

Superintendent of Schools. — Education is another func¬ 
tion of government which is not managed solely by the 
local units. There is a county officer, called the siiperin- 
te 7 ident of schools, who has supervisory powers, and he 
usually examines teachers and certifies to their qualifica¬ 
tions. 

Register of Deeds. — The register of deeds, or recorder, 
is a county officer who keeps records of certain kinds. 
Among other things, copies of deeds are registered or kept 
in his office. A person wishing to buy real estate (i.e. 
houses or lands) may, by consulting the records in this 
office, learn whether the owner has a clear title to the 
property. 

Coroner. — The coroner has the duty of holding inquests 
when persons meet death by violence or in some unex¬ 
plained way. He may also perform the duties of the 
sheriff when the latter is incapacitated. 

Surveyor. — The county surveyor makes surveys at the 
request of public authorities, as well as for individuals. 
He keeps the official records of the boundaries of farms 
and lots. 


10 


LOCAL GOVERNMENTS. 


Clerk and Treasurer. — Of course the county must have 
its clerk and treasurer^ the customary officers whose duties 
are, respectively, to keep the records and to handle county 
moneys. 

We may now pass in review the principal features of 
county government: — 

I. Legislative. 

1. County Boards : — 

Commissioner type 
Supervisor type 

2 . Functions : — 

County buildings Roads and bridges 

Poor — Education T axation 


II. Executive and Administrative Officers. 


(In 


Sheriff and Deputies 
Clerk 
Treasurer 
Register of Deeds, 
or Recorder 

some States, Assessors and 


Attorney 

Superintendent of 
Schools 
Coroner 
Surveyor 

Collectors of Taxes, 


and Auditors.) 


III. Judiciary. 

County Court District Court 

Relations of Local Officers to State Law. — There are 
other reasons than those already given why States are 
divided into counties. One is because, in the performance 


COUNTY GOVERNMENT. 


II 


of their duties, the county officers act as agents for the 
State ; that is, they carry out the requirements of State 
law in their own localities. For example, criminals are 
brought to trial and punished under State law, but it is 
administered by local or county officials. So the surveyor, 
superintendent of schools, register of deeds, and other 
officers act under State laws. While it seems best to 
have one general law for the State upon important sub¬ 
jects, it is also the policy of our government to intrust the 
execution of the law, in most cases, to local rather than to 
State officials. These officers, being elected by the people 
of the various localities, feel their responsibility more 
keenly than if they obtained office by appointment from 
State authorities. The counties, then, are administrative 
districts of the State, made for convenience in the manage¬ 
ment of those governmental matters which are uniform 
throughout the State. In the control of those matters 
which affect but one locality, the county authorities are 
free to follow their own policy, within the limits of State 
law. 

What has been said concerning the relation of the county 
to the State government is true to a considerable extent 
concerning the town, village, and city governments. Here, 
too, elections are held, taxes are collected, and trials are 
conducted by local officers in accordance with State law. 
Indeed, it is true that these local divisions owe their ex¬ 
istence to State law. Towns are laid out, villages and 
cities are incorporated, in accordance with the provisions 
of laws enacted by State legislatures. The State is the 
source of all the authority exercised by the officers and 
governing bodies of these local governments. 


12 


LOCAL GOVERNMENTS. 


SUPPLEMENTARY QUESTIONS. 

Make a study of your county government. 

1. Outline the officers in groups, as on p. 6. 

2. Learn the important duties of each officer. 

3. Are officers paid by fees or by salaries ? Which is the better 

method ? 

4. What is the length of the term for which each county officer holds 

his position ? 

5. How many members constitute the county board ? Are they 

commissioners or supervisors ? When do the meetings of the 
board occur ? 

6. Obtain a copy of the county board’s report and ascertain what im¬ 

portant business has been transacted. 

7. What buildings has the county at the county seat ? Does it own 

property elsewhere ? 

8. What process is followed in laying out a new town ? in the incor¬ 

poration of a village ? 

REFERENCES. 

1. An account of local government in Illinois, Iowa, Michigan, and 

Pennsylvania is found in Bryce, The American Commonwealth, 
Vol. I, 572-581 (6oi-6io).i 

2. The functions of local government are discussed in Holt, Talks 

on Civics, Chapter I; Ashley, The American Federal State, 397- 
400; Bryce, The American Commonwealth, Vol. I, 586-589 (616- 
619). 

1 References to Bryce are given in duplicate; pages enclosed in parentheses 
refer to the third edition, 1896. 


CHAPTER III. 


THE ORIGIN OF LOCAL GOVERNMENTS. 

The Source of our Local Governments. —The systems of 
local government which have been described did not spring 
up spontaneously, nor were they established arbitrarily. 
There are reasons to be found in the history of their 
origins which explain many of their details. We shall 
now see how local government grew in the colonies, for 
here we have the beginnings of the systems that are in 
operation to-day. 

Everywhere in the colonies the English settlers adapted 
to their new environment the ancient customs of the 
mother-country. Differences in physical geography, and 
in the character and motives of the colonists, caused differ¬ 
ences in the resulting local governments. This fact is best 
illustrated by an account of what took place in New Eng¬ 
land and in Virginia. 

The Method of Settlement in New England. — These col¬ 
onies were settled by emigrants who came, in the main, 
from the same classes of Englishmen. The New Englanders, 
however, were Puritans. The church and its services were 
a very important part of their daily lives. The require¬ 
ment of church attendance was one reason for grouping 
their homes near the meeting-house. Moreover, the region 

13 


14 


LOCAL GOVERNMENTS. 


in which they settled had a stony soil, difficult to cultivate. 
Their farms required careful cultivation, and therefore 
could not be very large. The New Englander was content 
to live near the coast. Access to the interior was not 
easy, for the rivers, with few exceptions, were short and 
rapid. The sea fisheries tempted the settlers to remain 
near the coast, and fishing, with ship-building and com¬ 
merce, became their important industries. 

Town Meeting and Officers. — For these reasons New 
England was a region of small farms and towns, and the 
local government which grew up was adapted to these 
conditions. The voters of each town (or township) met 
annually, or oftener, in “ town meeting.” Here their com¬ 
mon local affairs were discussed and regulated. The 
church, the schools, roads, the poor, and many other 
matters were under the complete control of this meeting, 
and of the officers elected by the assembled voters. These 
officers were the selectmen, — a board having general super¬ 
vision of the town affairs, — the clerk, treasurer, assessors, 
fence viewers, constables, and numerous others. 

The County in New England. — Because the people lived 
in towns and could most easily regulate their affairs through 
the machinery of town government, they had no counties 
whatever at first; but these were soon established, though 
merely for judicial purposes. The governor appointed 
justices who held court in each county. 

The distinctive features of New England local govern¬ 
ment, then, were (i) its democratic character, seen par¬ 
ticularly in the town meeting ; and (2) the fact that nearly 


THE ORIGIN OF LOCAL GOVERNMENTS. 


IS 


all local affairs were managed by the town government, 
leaving but one important function, and that judicial in 
its nature, for the county. 

The Settlement of Virginia. — In the colony of Virginia 
we find conditions that bring about entirely different results 
in the organization and workings of local government. 
Here the settlers were not bound by religious or other 
ties into compact social bodies as the Puritans were. Na¬ 
ture in Virginia held forth many inducements for the set¬ 
tlers to live apart, so that nearly all their attempts to form 
cities and towns failed. The cultivation of tobacco, of 
course, explains this to a large extent. The fertile soil 
and the ease of raising this product led to the formation 
of large plantations. The broad rivers made progress into 
the interior remarkably easy, while the necessity for towns 
as shipping ports was almost completely obviated by the 
use of private wharves at the various plantations. The 
rich planters dominated the social and political life of the 
colony, and local government fell under their control. 

The Importance of the County.—Now, of the various 
local organizations to which the Virginians had been accus¬ 
tomed in England, the one best adapted to their condition 
in the colony was the county. So they copied the English 
county and made it their chief organ of local government. 
The principal governing body was the county courts com¬ 
posed of justices appointed at first by the governor of the 
colony. The court had both legislative and judicial func¬ 
tions. It managed such matters as roads, licenses, and taxa¬ 
tion ; it also tried civil and criminal cases. Other county 


i6 


LOCAL GOVERNMENTS. 


officers were the sheriff and the lieutenant, the latter being 
commander of the militia. 

The Parish and the Vestry. — That part of the Virginia 
local government which corresponded to the New England 
town was th.Q parish; but it is apparent that few functions 
remained to be exercised in this, their smallest political 
organization. The counties were generally composed of 
several parishes. The governing body of each was the 
vestry; it had charge of church affairs and of poor relief. 
The members of the vestry and also the justices of the 
county court were not elected periodically by the people, 
as the town officers were in New England. On the con¬ 
trary, both the vestry and the county court filled vacancies 
in their own number, without popular election. 

This fact serves to illustrate the general truth that local 
government was democratic in New England and aristo¬ 
cratic in Virginia; in the former colony the mass of voters 
participated most actively in local government, while in the 
latter a few men constituted the ruling class. This does 
not mean that local affairs in Virginia were badly managed, 
for the leading men were on the whole intelligent and pub¬ 
lic spirited; and in the years of the Revolution they were 
among the foremost in the defence of American liberties. 
In New England, however, it was noticeable that the mass 
of voters were intelligent and understood the practical 
management of political affairs — a result which doubtless 
came largely from their training in the town meeting. 

The Three Types of Local Organization.—We have now 
seen that in New England the town had the most impor- 


THE ORIGIN OF LOCAL GOVERNMENTS. 


17 

tant functions of local government, and this is called, 
therefore, the town type; while in Virginia the county 
absorbed the greater share of governing powers, and there 
we find the cotmty type. Virginia influenced the colonies 
that lay south of her, so that the county type prevailed 
also in the Carolinas and Georgia. In the middle colo¬ 
nies there existed both counties and towns, and here there 
was a much more equal division of powers between these 
organizations. Hence we call theirs the mixed or town¬ 
ship-county type of local government. 

Local Government in the West. — The people who mi¬ 
grated to the new States west of the Alleghanies carried 
with them the forms of local government which have just 
been described as growing up in the colonies. This state¬ 
ment needs some modification, for nowhere in the West 
was the pure town type adopted. Everywhere in the 
North we find the mixed type, while the Southern States 
have, in general, the county type. In the latter the 
county commissioners, elected at large or from precincts, 
together with other county officers, exercise most of the 
local powers of government. 

Two Forms in the North. — In the greater number of 
the States that have the mixed type, the county is gov¬ 
erned by a board of commissioners elected by either of 
the methods just mentioned as prevailing in the South. 
In a few States (such as Michigan, Illinois, and Wiscon¬ 
sin), the county board is composed of supervisors, who 
represent the towns, villages, and wards of the county. 
Here we find the town meeting, copied after that of New 


i8 


LOCAL GOVERNMENTS. 


England or New York, and the town government has 
more functions than in those States where commissioners 
compose the town board. 

Local Self-government. — Such is the way in which local 
government has come about in the various States of the 
Union. Rooted in the systems that Englishmen have 
developed through the centuries, adapted to the new life 
and the peculiar conditions of the colonial period, it has 
spread with the population throughout the land. The 
different practices of the States testify to the way in which 
habits persist in government, as in other phases of life. 
The management of local affairs by the people and their 
chosen representatives is a sound principle of government 
which holds a firm place in every part of our country. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Which type of local government exists in your State ? Can you 

account for its origin ? 

2. Is the system of local government uniform throughout your State ? 

If so, why is this true ? If not, can you account for the lack 
of uniformity? 

3. The following references are useful in studying the history of local 

government: Thwaites, The Colonies, 55-58; Fisher, The Colo¬ 
nial Era, 60, 99, 167; Channing, The United States of America, 
37-38; Hart, Formation of the Union, 11-13; Bryce, The 
American Commonwealth, Vol. I, 561-565 (589-593); Bancroft, 
History of the United States, Vol. I, 285-286, 449; Ashley, The 
American Federal State, 390-396. 

4. Which is the best type of local government? Is it becoming more 

common? Bryce, Vol. I, 591-592 (621). 


CHAPTER IV. 


THE GOVERNMENT OF CITIES. 

The General Plan of City Government. — The general 
framework of city government is not very different from 
that of the other governmental divisions. There are the 
legislative, executive, and judicial departments, whose 
organization and functions are stated in the charter^ or 
fundamental law of the city. The city legislature is the 
council or board of aldermen. In most cases this body is a 
single house, though in some cities there are two houses. 
The members are elected from the wards into which the 
city is divided. The council may pass ordinances for the 
government of the city, but it is limited in the extent of its 
powers by the terms of the city charter. 

City Charters granted by Legislatures. — The source of 
the charter is the State legislature. In most States the 
constitution provides that the legislature shall pass general 
laws prescribing the framework of all cities, or of the 
classes into which the cities of a State may be divided, 
according to their population. These laws also contain 
regulations that are safeguards against the abuses of 
municipal government, such as excessive taxation and 
the accumulation of debts. The requirement of general 
laws secures uniformity in the essential features of city 


19 


20 


LOCAL GOVERNMENTS. 


government, and it prevents the practice, which is other¬ 
wise liable to prevail, of constant interference by State 
legislatures, in the affairs of certain cities. Such special 
laws should be enacted with great caution, if at all, for 
when a legislature regulates the affairs of a particular city, 
it too often does so at the request of persons or corpora¬ 
tions having advantages to gain at the expense of the 
public.^ 

The Mayor. — The chief executive of the city is the 
mayor. He is the head of the police department and has 
more or less authority over the other administrative depart¬ 
ments to be discussed later in this chapter. In the cases 
of both mayor and aldermen, the facts concerning their 
terms, salaries, and other details vary so greatly in differ¬ 
ent cities that no general description is possible. 

The city judiciary includes the ordinary State courts and 
also special or municipal courts of various degrees. 

Other City Officials. — Besides the officers enumerated, 
every city has its clerk, treasurer, attorney, and assessors. 
The auditor, or comptroller, is an important official who 
controls city finances. 

Administrative Departments. — The greatest difficulties 
of city government arise in connection with the numerous 
administrative departments; these are quite complex in 
their operation. In large cities the number of officials 
and the variety of their duties render it almost impossible 

1 In some States where the constitutions require general laws applying to 
classes of cities, single cities have been put in classes by themselves ; so the 
legislature has virtually governed them by special laws. This practice has 
been declared illegal in Ohio. 


THE GOVERNMENT OF CITIES. 


21 


for the average citizen to inform himself concerning these 
affairs; consequently, opportunities for fraud and misman¬ 
agement occur frequently. 

Why, it may be asked, is such complex machinery neces¬ 
sary in municipal government ? It is because social and 
industrial conditions (that is, the circumstances under which 
men live and work) are quite different from those that pre¬ 
vail in towns and villages; and city government must be 
adapted to these conditions. 

Conditions peculiar to City Life. — Let us notice some of 
the ways in which this is true, (i) The mere fact that 
population is dense increases the possibility that a citizen 
may interfere with the rights of his neighbors, even in the 
conduct of legitimate business. (2) There is greater lia¬ 
bility that public health and safety may be endangered, 
both in the homes and in the industrial establishments of 
cities, than in less densely settled communities. (3) The 
opportunities for evil-doing and for concealment that exist 
in cities draw to them a larger proportion of the vicious 
classes who need control and suppression. (4) Finally, in 
cities it is less easy than in the country for each family to 
supply itself with certain conveniences, such as water, 
light, and transportation; consequently, the government 
must regulate to some extent the supply of these neces¬ 
sities. 

These are some of the conditions that are peculiar to 
city life; and we find here the reasons why the govern¬ 
ment in a city must undertake a large number of functions. 
At every point the safety of the citizen and his property 
must be guarded; and in a great many ways the conven- 


22 


LOCAL GOVERNMENTS. 


iences of life must be supplied by the city or under the 
control of city officials. Thus we account for the fact that 
city government is complex — the principal source of the 
difficulties and the evils that we find in connection with 
administrative departments. 

Fire and Police Departments. — The number and the 
organization of administrative departments vary consider¬ 
ably in different cities. Everywhere we find the police, 
fire, and health departments. Of these, the fire depart¬ 
ment is generally the most efficient, for the citizens will 
not tolerate laxness in the protection of their property. 
Not so much can be said of the administration of the police 
and the health departments in most cities. When the se¬ 
lection of police officers is on a purely political basis, the 
standards are low and the way is opened for police con¬ 
nivance with the violators of the law. Instances are not 
uncommon where policemen receive, regularly, money pay¬ 
ments from law-breakers for protection. Here public in¬ 
terests are betrayed by officers who are sworn to defend 
them. The detection of this form of corruption is diffi¬ 
cult; nevertheless, its continuance in a flagrant form is 
evidence of public apathy. In a few cities, civil service 
reform methods are used in the selection of policemen; 
the passing of an examination and of a physical test is 
necessary for appointment. This, with a fair system of 
promotions, should render a police force more like a mili¬ 
tary organization in its relation to the enforcement of law. 

The Health Department. — The department of public 
health has duties that are of vital importance. Sewerage 
systems, sanitation, and the water-supply are the chief 


THE GOVERNMENT OF CITIES. 


23 


objects of its inspection. Health officers also have powers 
which enable them to detect and prohibit the sale of im¬ 
pure foods. The milk-supply should receive its particular 
attention, for the purity of this product is an important 
matter. The enforcement of strict health regulations in 
the crowded tenement districts of large cities is very 
difficult; but the neglect of these matters by city officials 
is nothing less than criminal. 

The Department of Streets. — This department, which has 
in charge the construction of streets and pavements, affects 
the convenience of every citizen. Here vast sums of 
money are expended, sometimes wisely, and sometimes 
under the supervision of officials who are deficient in 
the technical knowledge required by this kind of work. 
Opportunity for dishonest handling of public money may 
be found in the letting of contracts and in the purchase 
of supplies. Street cleaning has received comparatively 
little attention in American cities. In this respect we 
are far behind many European cities. This is because 
the relation of clean streets to public health, and to civic 
beauty, is not fully appreciated by the average citizen of 
our country. 

Public Charities. — The administration of public chari¬ 
ties is everywhere a difficult matter, and, naturally, its 
difficulty is greatest in large cities, where we find the 
greatest number of those who seek relief. Two problems 
confront the department of public charities: (i) How can 
it distinguish between those who actually need assistance 
and those who do not ? (2) How can it help those who 

need assistance temporarily, without weakening their de- 


24 


LOCAL GOVERNMENTS. 


sire to become self-supporting ^ The same problems must 
be solved by the citizen in connection with his private 
charities. In general, it may be said that charity is most 
judiciously dispensed by private organizations, in charge 
of trained workers, who can investigate all cases of appli¬ 
cation for aid. 

The Public Schools. — Public education is another de¬ 
partment of municipal activity.^ The expenditure of public 
money for this purpose is not stinted. The scope of 
our educational institutions is constantly being enlarged; 
courses in commerce, manual training, and domestic 
science are intended to strengthen the practical side of 
the curriculum. In some cities special schools are main¬ 
tained for the defective classes and for truants. 

Libraries, Parks, and Playgrounds-The educational 

advantages furnished by the city are not for the children 
alone. Public libraries and museums serve adults as well. 
Recreation is provided by means of parks, public play¬ 
grounds, and open-air gymnasiums. These will become 
more common when their educational influence is more 
fully appreciated. 

Committees or Boards. — The important questions that 
arise in connection with administrative departments are, 
how shall they be organized ? and how shall the officers who 
control them be appointed ? Two general methods prevail: 
(i) In the smaller cities the members of the council are 
grouped into committees^ which have charge of the various 
administrative departments. In large cities there are boards 


1 This subject is also treated in the chapter on Public School Systems. 


THE GOVERNMENT OF CITIES. 


25 


or commissioners^ distinct from the council, and these may 
be composed of salaried officers. In either case the board 
may employ a superintendent to take charge of the work 
under its jurisdiction. The principal criticism which can 
be offered against this method of managing administrative 
departments is that responsibility cannot be definitely lo¬ 
cated. No single member of a board or commission will 
assume responsibility for mismanagement; and when re¬ 
sponsibility is divided among several persons, none of them 
feels it very strongly. 

(2) Single Heads of Departments. —As a remedy for this 
defect, administrative departments in some cities are placed 
under the control of single officers. These are given au¬ 
thority to appoint their subordinates, and they are held 
strictly accountable for the management of the depart¬ 
ment. Responsibility is further concentrated in some cities 
by giving the mayor power to appoint these heads of 
departments. 

Qualifications of City Officers. — Grave questions are in¬ 
volved in these matters of organization, but the efficiency 
of city government depends in the greatest measure upon 
the character of the officers who are placed in power. We 
need to recognize the importance, in city affairs as in pri¬ 
vate business, of securing officials who are qualified by 
training and by successful experience to serve the public. 
Economy and honesty in municipal government cannot be 
expected when politics alone determines appointments to 
office. The establishment of civil service examination sys¬ 
tems in certain cities ^ is a step in the right direction. 

1 Some of these are New York, Chicago, and Milwaukee. 


26 


LOCAL GOVERNMENTS. 


Public Utilities. — Besides the administrative depart¬ 
ments already enumerated, we have in large cities those 
which control the supply of water, light, and transportation 
facilities. The industries furnishing these necessities may 
belong to the city, but in most cases they are owned by 
individuals and corporations.^ Even then they should be 
subject to strict regulation by the city, for several reasons : 
(i) These industries make use of public streets. The right 
to do this is granted by the council in a franchise. (2) The 
product that is supplied being in each case a necessity, it 
is the duty of the city government to protect the citizens 
from any abuse or inconvenience that may arise in con¬ 
nection with it. (3) In nearly every case the industries 
in question are monopolies; i.e. competition between rival 
plants is not possible. For this reason the public may 
suffer either from high rates or from imperfect service. 


The Granting of Franchises. — The control of public ser¬ 
vice corporations, as those are called which supply water, 
light, and transportation, may be secured in several ways : 
(i) Franchises should be granted for terms not longer than 
twenty years. The profits of these industries increase very 
rapidly with the growth of population ; consequently, it 
should be possible to compel the reduction of rates and 
the enforcement of other conditions favorable to the pub¬ 
lic, at the end of a short term of years. (2) Adequate 
means should be provided for enforcing the terms of 
franchises. Neglect of this makes possible serious abuses. 
(3) The accounts of the corporations that have franchises 


1 On this topic, see “ Government in State and Nation,” pp. 36-39. 


THE GOVERNMENT OF CITIES. 


27 


should be made public, so that the people may know 
whether the profits are excessive. 

The Question of Municipal Ownership. — The opinion is 
gaining ground that no amount of municipal control will 
eliminate the evils of private ownership in these industries. 
Since they are “ natural monopolies,” it is argued they 
should be operated by the city government. This opinion 
is seen to have great weight when we consider the cor¬ 
ruption and the lack of attention to the public welfare that 
accompany the granting of franchises to corporations. The 
bribery of aldermen and the granting of valuable privileges 
without compensation are frequent occurrences. On the 
other hand, the facts that venal officers are elected in our 
cities, and that they ignore public interests with impunity, 
raise a very serious question whether they should be in¬ 
trusted with the management of great industries, such as 
water and lighting plants and street-car systems. 

Reasons for Poor City Government. — Other arguments 
may be made on both sides of this question of municipal 
ownership; but there are fundamental reasons why the cities 
of the United States are, on the whole, poorly governed, 
which must receive consideration before this question can 
be settled. The conditions accounting for the evils of 
municipal government may be briefly stated as follows : 
(i) City governments are necessarily complex, and, in their 
administrative departments especially, a multitude of de¬ 
tails must receive attention. Citizens find it difficult to 
understand these transactions and even more difficult to 
follow them closely. (2) City governments must spend 


28 


LOCAL GOVERNMENTS. 


vast sums of money,^ and this fact constitutes a standing 
temptation to dishonest men, both in and out of office. 
(3) The rapidity with which cities have grown has in¬ 
creased the difficulty of their problems.^ (4) Individuals 
and corporations have found it necessary to secure fran¬ 
chises from cities for the operation of important industries; 
this has opened many opportunities for corruption in city 
affairs. (5) The presence of large numbers of foreigners^ 
who are ignorant of governmental affairs has enabled cor¬ 
rupt politicians to exert undue influence upon the voters in 
city elections. 

The Reform of Municipal Governments. — Having re¬ 
viewed the principal causes for the evils of municipal gov¬ 
ernment, let us now consider some of the conditions that 
are necessary for bringing about reforms. 

(1) National politics should be entirely divorced from 
city affairs. It may be impossible to prevent the nomina¬ 
tion of candidates by the regular political parties; but 
within each party local issues, not national, should deter¬ 
mine the selection of candidates. At the polls, the voter 
should cast his ballot independent of party considerations. 

(2) Public interest in municipal affairs and the existence 
of a strong civic pride are conditions that are essential to 
the election of good officers and to the purity of city gov¬ 
ernment. 

(3) Fundamental to the establishment of better munici- 

1 Statistics of expenditures of New York, London, Paris, and Philadelphia 
are given in “ Government in State and Nation,” p. 33. 

2 Yet European cities have grown with almost equal rapidity and are, on 
the whole, well governed. See ibid., p. 43. 

3 See statistics of foreign population in American cities, ibid., p. 40. 


THE GOVERNMENT OF CITIES. 


29 


pal governments is the recognition by every citizen of his 
resp 07 tsibility, not only on election day, but on every occa¬ 
sion when his influence can be exerted for the detection 
of wrong, the punishment of corrupt offlcials, and the 
encouragement of better things in all departments of city 
life. This means unselfishness in one’s attitude toward 
the public welfare; it means willingness to sacrifice time 
and effort in the public service. The example set by many 
eminent persons who have devoted themselves unselfishly 
to the accomplishment of reforms in our great cities may 
well be imitated by every citizen in the smaller affairs 
of his city or his ward. And the younger generation of 
citizens, who are yet students in the public schools, may 
exert no little influence toward the betterment of the city; 
and they may aid in the formation of that better public 
sentiment without which no improvement in our standards 
of municipal government is possible. 

SUPPLEMENTARY QUESTIONS. 

Outline for the study of your city government. 

1. Was the city organized under a general law of the State, or was it 

granted a special charter.? Does the legislature enact special 
laws for the city ? 

2. The mayor: term, salary. What are his principal powers.? Should 

his responsibility be increased ? 

3. The council or board of aldermen : number of members, term of 

office, manner of election, compensation ? 

4. The municipal courts and judges. 

5. Administrative departments: make a complete list of these. Are 

they controlled by boards or by single officers ? How do the 
officers obtain their positions ? Are they paid salaries ? Of what 
business does each have charge ? 

6. How are the water, lighting, and street-car plants managed ? Do 


30 


LOCAL GOVERNMENTS. 


you believe in the municipal ownership of any of them? Give 
reasons for your opinion. 

7. How do police officers receive appointment ? If an officer fails to 

enforce an ordinance, what course would you take to secure its 
enforcement? 

8. Are party lines closely adhered to by voters in city elections ? Are 

independent party organizations formed ? Are they successful ? 

9. What can you learn of reform movements that have taken place in 

your city’s history ? Give the causes for the success or failure 
of these. 

10. What is the cost of your city government per annum ? Is it 

economically administered ? What are the principal items 
of expense ? Has the city other sources of revenue besides 
taxation ? 

11. What are the excellent features of your city’s government? What 

are its faults ? How may the latter be corrected ? 

12. Mention some ways in which students can assist in bringing 

about better conditions in your city. 

REFERENCES. 

1. What are the general causes of bad city government in the United 

States? Bryce, Vol, I, 608-614 (637-644). 

2. What reform measures have been suggested? Bryce, Vol. I, 614- 

619 (644-649). 

3. National politics in local affairs. Holt, Talks on Civics, 360-366. 

4. General accounts of city government, Bryce, Vol. I, Chapters 50 

and 52; Ashley, The American Federal State, Chapter 21. 

5. Among the most useful books on municipal government are Conk- 

ling, City Government in the United States ; Wilcox, The Study 
of City Government; and Devlin, Municipal Reform in the 
United States. 

6. Problems of Municipal Government, N. Am. Rev., 172:751-763; 

Arena, 24: 589-593. Responsibility in City Government, Forum, 
28:469-481; Arena, 27: 39-46. Council and Mayor, Atl. Mo., 
88:391-397. Municipal Situation in Ohio, Forum, 33 :430-437. 
Charter Needs of Great Cities, N. Am. Rev., 170:850-856. The 
Poor in Cities, N. Eng. Mag., 25 : 63-73. Municipal Art, Harper’s 
Mag., 100: 655-666. Public Untidiness, Forum, 33 : 322-332. 


THE GOVERNMENT OF CITIES. 


31 


7. Municipal Ownership, N. Am. Rev., 172:445-455 ; Arena, 25: 198- 

209; Forum, 32:201-216; Atl. Mo., 88:463-482; Cen. Mag., 
60:311-312; Outlook, 66:502-508; 70:726-727; Rev. of R’s, 
23:468-470. 

8. Reform of City Governments, Atl. Mo., 87: 583-587; Arena, 27 : 

174-178. Chicago, Nation, 70 : 411-412 ; Rev. of R’s, 21: 736-737. 
The Chicago Voters’ League, Outlook, 71 ; 495-498. 


PART 11. 


THE NATIONAL GOVERNMENT. 

CHAPTER V. 

EVENTS LEADING TO THE FORMATION OF THE UNION. 

Colonial Relations. — Why was union so long delayed } 
How was it finally accomplished ? These are always ques¬ 
tions of great interest to the student of American govern¬ 
ment. We note the general indifference toward union 
among the colonies before the Revolutionary War. This 
may be partially accounted for by the fact that each 
colony had its own separate government, and was jealous 
of all outside interference. Lack of good roads and 
methods of travel made extensive communication be¬ 
tween the scattered settlements difficult. Prejudice against 
strangers, and especially those of a different religious 
belief, was common. Bonds of sympathy, however, be¬ 
tween the citizens of different colonies were not wholly 
lacking. Their language and customs were mainly Eng¬ 
lish. Their chief desire was to develop a government 
according to their own plans. Common interests were at 
times created because of the necessity for providing pro¬ 
tection against their Indian, French, and Dutch foes. In 


32 


EVENTS LEADING TO FORMATION OF UNION. 33 


general, we may say, Confederation was early brought 
about through need for defense, but union has been the 
result of two centuries and a half of growth. 

Union of the New England Colonies, 1643. — A notable 
attempt was made to form a confederation among the 
colonies in 1643. It is known as the New England 
Confederation, and included Massachusetts Bay, New 
Plymouth, Connecticut, and New Haven colonies. Their 
united energies were necessary to furnish protection against 
dangers from the Indians. The Dutch and French also 
tended constantly to encroach upon their rights. The 
governing body of this confederation was a board of 
commissioners. In the annual meetings of the commis¬ 
sioners, two being sent from each colony, questions of 
war, relations with the Indians, and other matters of 
mutual interest were discussed. But this central govern¬ 
ment possessed advisory powers only. The colonies were 
to provide for their own local government. The confed¬ 
eration became constantly weaker, and was finally dis¬ 
solved in 1684. Seventy years were to elapse before the 
call was sent out for a meeting of delegates from all the 
colonies at Albany, but the influence of the New England 
Confederacy was felt, no doubt, during that period. 

The Albany Congress, 1754. — Open hostilities with their 
enemies became more and more frequent. From the out¬ 
break of King William’s War, in 1689, to 1754, the date 
of the Albany Congress, there were at least a dozen inter¬ 
colonial conferences called to consider means for the 
common defense. Plans for union were also prepared. 
The most interesting is that of William Penn. In it, the 

D 


34 


THE NATIONAL GOVERNMENT. 


word “ Congress ” is used for the first time in connection 
with American affairs. As the final struggle with France 
for the possession of America was about to begin, a “ Con¬ 
gress ” of twenty-five of the leading men from seven differ¬ 
ent colonies met at Albany. They were called, primarily, 
for the purpose of making a treaty with the Iroquois 
Indians. This object secured, the resolution was then 
unanimously adopted that, “ A union of all the colonies is 
at present absolutely necessary for security and defense.” 
Franklin’s famous plan providing for a permanent federa¬ 
tion of all the colonies was also adopted. When submitted 
to the colonies, it failed to receive the ratification of a 
single one. Nor was it acceptable to the English govern¬ 
ment. Said Franklin, “The assemblies all thought there 
was too much prerogative, and in England it was thought 
to have too much of the democratic.” 

The Stamp Act Congress, 1765. — After the passing of 
the stamp act by the English government, the Massachu¬ 
setts house of representatives invited the other colonial 
assemblies to send delegations to a general congress. Nine 
colonies responded by sending twenty-eight men to the 
congress in New York City, October 7, 1765.1 During the 
session of two weeks, these delegates drafted petitions to 
the English government and declared that the rights of the 
colonists were the same as those of the natural-born sub¬ 
jects of England. It is noteworthy that representatives 
had again assembled on the motion of the colonists them¬ 
selves. The growth of common interests was well ex- 

1 Virginia, New Hampshire, Georgia, and North Carolina sympathized with 
the movement, but did not send delegates. 


EVENTS LEADING TO FORMATION OF UNION. 35 

pressed by Christopher Gadsden of South Carolina, when 
he said: “ There ought to be no New England man, no 
New Yorker, known on the continent; but all of us Amer¬ 
icans.” 

Committees of Correspondence. — Nine years were to go 
by before the meeting of another congress, but the colo¬ 
nists were prepared for a united effort at the end of this 
period. No sooner were the contents of the Townshend 
acts of 1767 known, than Massachusetts issued a circular 
letter to the other colonies, asking for combined action 
against all such unconstitutional measures. The other 
colonial assemblies agreed with Massachusetts. Another 
movement which made the Revolution possible was begun 
by Samuel Adams. In November, 1772, he prevailed 
upon the Boston town meeting to appoint a committee 
which should carry on a correspondence with committees 
organized in other towns of that colony. Rights and 
grievances were the chief subjects for consideration. Other 
colonies adopted this plan. Led by Virginia, the idea was 
carried one step farther, and in 1773 were formed com¬ 
mittees of correspondence between the different colonies. 
Thus, they were prepared for united action in the First and 
Second Continental Congresses. 

The First Continental Congress, 1774. —When the coercive 
acts of 1774 had been passed, Massachusetts, now in great¬ 
est need, called for a congress of all the colonies. Delegates 
from all, Georgia^ excepted, assembled at Philadelphia, Sep¬ 
tember 5, 1774. In the Declaration of Rights, and in the 


1 Georgia was in sympathy with this movement. 


3^ 


THE NATIONAL GOVERNMENT. 


adoption of the Articles of Association, they gave full ex¬ 
pression to colonial sentiment. They commended the 
resistance of the people of Massachusetts. They de¬ 
clared that all “ America ought to support them in their 
opposition,” if force should be used in carrying out the 
measures of Parliament. 

The Second Continental Congress, 1775.—Before adjourn¬ 
ing, the First Continental Congress provided for the meet¬ 
ing of another Congress, in May, 1775, unless the causes 
for colonial grievances should be earlier removed by the 
English government. But other measures of repression 
were quickly passed, and before the Second Continental 
Congress met, the Battle of Lexington had been fought 
and the American forces were blockading Boston. This 
congress convened in Philadelphia May 10, 1775, and con¬ 
tinued in session, with adjournments from time to time, 
until May i, 1781. All of the colonies were represented. 
Like previous congresses, this was, at first, merely an ad¬ 
visory body, but necessity compelled it to act as a real 
government. It took control of military affairs, provided 
for a currency, threw open American ports to the ships of 
all nations, and did whatever else the necessities of the 
time seemed to demand. Having been appealed to for 
advice, this congress took a most notable position in recom¬ 
mending that new forms of government should be estab¬ 
lished in the several States. By the year 1777, ten States 
had framed new constitutions. It furthered independence 
by appointing a committee to draft resolutions based on 
the ideas of independence then everywhere present. The 
Declaration of Independence was the result. 


EVENTS LEADING TO FORMATION OF UNION. 


37 


The Articles of Confederation. — Franklin early saw the 
need for a more effective government than that of a revo¬ 
lutionary assembly. On July 21, 1775, he presented to 
congress a plan for ^‘perpetual union.” Nearly a year 
elapsed before a committee was appointed to prepare 
some form for confederation to be entered into between 
the colonies. Another period of a year and five months 
was to go by before the report of this committee was 
adopted by the Continental Congress. It was then 
submitted to the State Legislatures for approval. After 
three years and a half, on March i, 1781, Maryland, the 
last State, was induced to ratify the Articles of Confedera¬ 
tion. The adoption of these Articles is one of the most 
important events in the history of our Nation. While the 
Articles of Confederation must always be regarded as a 
weak instrument of government, we must not forget that 
the Continental Congress was then working out problems 
in the province of government that were almost wholly 
new. The solution, faulty as it was, went far to establish 
the place of the written Constitution as a basis for govern¬ 
ment. 

Said John Fiske: Almost everything else in our fundamental in¬ 
stitutions was brought by our forefathers in a more or less highly 
developed condition from England; but the development of the written 
Constitution, with the consequent relation of the courts to the law¬ 
making power, has gone on entirely upon American soil.” 

Practical Working of the Government. — Conditions soon 
proved the Articles unsatisfactory. The States were almost 
independent of the central government. There was no 
separate executive power to enforce, and no judiciary to 
interpret the laws. The nation was deep in debt, and 


38 THE NATIONAL GOVERNMENT. 

without means for payment. Paper money of the period 
was worthless, and debtors were rebellious. Disputes 
between the various States brought them to the verge of 
civil war. Each State had its own system of duties and 
imposts, which led to great confusion in commerce. No 
important resolution could be passed in Congress without 
the votes of nine States. No amendment was possible, 
except by the votes of all the States. Congress became 
constantly weaker as various members resigned to accept 
positions under State authority. In that most dangerous 
period of our history, extending from 1783 to 1788, aptly 
called the “critical period,” it became constantly more 
apparent that government under the Articles of Confedera¬ 
tion was a failure. Fortunately, in this hour of gloom, 
there came forward Washington, Hamilton, Madison, and 
other leaders, who were prepared, if need be, to make 
compromises, but who were determined to preserve the 
elements of the union already secured. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. How was the Stamp Act regarded in the different colonies as 

shown by the addresses made and resolutions offered ? Hart, 
Contemporaries, II, 395-411 ; Tyler, Patrick Henry (American 
Statesmen), Chapters 5 and 6. 

2. Do you know of other instances in our history where a stamp act 

has been passed ? How was it regarded ? In what ways was it 
different from that of 1765 ? 

3. What was the origin of the Committees of Correspondence and 

how did they aid in unification ? Sloane, The French War and 
the Revolution, 161, 162; Hart, Formation of the Union, 57. 

4. Analyze the Declaration of Independence, and select from it the 

causes for the Revolution. 

5. Why was the adoption of the Articles of Confederation so long 


EVENTS LEADING TO FORMATION OF UNION. 39 

delayed? Hart, Contemporaries, II, 539-543; Fiske, The Criti¬ 
cal Period, 93, 95; Walker, The Making of the Nation, 6; Hart, 
Formation of the Union, 93-95. 

6. Read the Articles of Confederation (Appendix B). 

(a) How was the Congress composed? 

(b) The number necessary for a quorum ? 

(c) The powers of Congress? 

(cf) Powers of the separate States? 

7. Defects of the Confederation. Hart, Contemporaries, II, 591-603. 

8. What was the attitude toward union during the period 1783-1788 ? 

Were there notable bonds of union even at this time ? What 
other influences have increased this sentiment ? Fiske, Critical 
Period, 55-63; Walker, The Making of the Nation, 7, 8. 

9. President Roosevelt said, in an address delivered April 9, 1902, at 

Charleston, S.C., “When four years ago this nation was com¬ 
pelled to face a foreign foe, the completeness of the reunion be¬ 
came instantly and strikingly evident.” What is his meaning ? 
How does the statement illustrate the point emphasized in this 
chapter, that a common danger produces union ? 

10. Describe the character of the money used in 1783 and succeeding 
years. What was its influence ? Fiske, Critical Period, 162-186. 


CHAPTER VI. 


THE CONSTITUTIONAL CONVENTION. 

Events Leading to the Constitutional Convention. — 
Among the many difficulties that arose during the period 
of the Confederation, were constant disputes between Vir¬ 
ginia and Maryland over the navigation of the Potomac 
River and Chesapeake Bay. Finally, in March, 1785, 
commissioners from these States met at Alexandria to con¬ 
sider these difficulties. The outcome of the meeting was 
that Virginia called for delegates from all of the States to 
meet for the consideration of the commercial relations of 
the entire country. Delegates from five States only were 
present at Annapolis on the day appointed, September ii, 
1786. Nothing permanent could be accomplished with 
so few States represented. Before adjourning, however, 
they agreed to a resolution, framed by Alexander Hamil¬ 
ton, which proposed the calling of a convention at Phila¬ 
delphia to amend the Articles of Confederation. 

The Federal Convention, 1787; Delegates. — All of the 
States, Rhode Island excepted, were finally represented in 
this, one of the most notable conventions in the history of 
the world. Among the fifty-five delegates assembled were 
many who had already been conspicuous in public affairs. 
They were the choice men of the States from which they 

40 


THE CONSTITUTIONAL CONVENTION. 


41 


came. Twenty-nine of the number were university men. 
Washington and Franklin were present, and Washington 
was unanimously chosen president of the convention. 
Neither of these men took an active part in the debates; 
but their presence gave inspiration to the other members, 
and they had untold influence at critical times. Among 
the ablest members were Alexander Hamilton of New 
York; James Madison of Virginia; Oliver Ellsworth and 
William S. Johnson of Connecticut; James Wilson and 
Gouverneur Morris of Pennsylvania; Rufus King of Mas¬ 
sachusetts ; and Charles C. Pinckney of South Carolina. 

Our Knowledge of the Convention. — The Convention lasted from 
May 25 to September 17, 1787. The sessions were secret. Fortu¬ 
nately we are not dependent on the Secretary’s report alone for our 
knowledge of the meetings.^ Mr. Madison seemed to understand the 
full meaning of the Convention from the first, and decided to give an 
accurate account of the proceedings. He wrote: “ Nor was I unaware 
of the value of such a contribution to the fund of materials for the his¬ 
tory of a Constitution on which should be staked the happiness of a 
people great even in its infancy, and possibly the cause of liberty 
throughout the world.” His notes were purchased by the government 
from Mrs. Madison in 1837, for the sum of thirty thousand dollars. 
They were published as “Madison’s Journal of the Constitutional 
Convention.” 

Plans for a Government; Virginia Plan. — The magnitude 
of the labors of this Convention can be understood only 
when we read the report of the discussions as given by 
Madison. It was at once determined that no time should 
be lost in patching up the Articles, but that a new Con¬ 
stitution should be formed. Two sets of resolutions were 
early submitted, each setting forth a plan of government. 

^ It was published in 1819 as a part of Volume I of “ Elliot’s Debates.” 


42 


THE NATIQNAL GOVERNMENT. 


The Virginia plan was largely the work of Mr. Madison. 
It provided for the establishment of a national government 
with supreme legislative, executive, and judicial powers. 
The legislative power was to be vested in a Congress of 
two separate houses. The executive was to be chosen by 
both houses of Congress, and the judiciary by the Senate. 
Representation in both houses of Congress was to be based 
on population or the contributions to the support of the 
government. This scheme was fiercely attacked by the 
delegates from the small States, for it would clearly give 
control into the hands of the more powerful States. 

The New Jersey Plan. —The New Jersey plan, presented 
by Mr. Patterson of that State, was agreed upon by the 
members from Connecticut, New York, New Jersey, Dela¬ 
ware, and Maryland. This Small State plan, so called, 
provided for a continuance of the government under the 
Articles of Confederation. They were to be revised in 
such a manner as to give Congress the power to regulate 
commerce, to raise revenue, and to coerce the States. The 
Small State party insisted that the Virginia plan, if adopted, 
would destroy the sovereignty of the States. They would 
rather, they said, submit to a foreign power than be de¬ 
prived of equality of suffrage in both branches of the 
Legislature. Madison, Wilson, King, and other leaders of 
the Large State party declared that the basis for the new 
government was to be the people and not the States; that 
it would be unfair to give Delaware as many representa¬ 
tives as Virginia or Pennsylvania. After many days of 
fruitless debate, a compromise, sometimes called the “First 
Great Compromise,” was presented and finally adopted. 


THE CONSTITUTIONAL CONVENTION. 


43 


This provided that the House of Representatives should 
be composed of members elected on the basis of popula¬ 
tion. In the Senate, large and small States were to be 
equally represented. 

The Slavery Problem; Second Compromise.— How was 
the number of the representatives to be found.? Were 
slaves to be counted as a part of the population ? A heated 
debate arose over these questions. The delegates from 
South Carolina maintained that slaves were a part of the 
population and as such should be counted. The answer 
was made that slaves were not represented in the Legisla¬ 
tures of that and other States; that slaves were regarded 
in those States merely as so much property, and as such 
ought never to be represented. Finally, when it seemed 
that the work of the Convention must fail, a compromise, 
known as “the three-fifths compromise,” was accepted. 
This provided that five slaves were to be counted as three 
free persons. 

The Third Compromise. — Slaves and commerce fur¬ 
nished the basis for a third compromise. South Carolina 
and Georgia desired to have the foreign slave-trade contin¬ 
ued. Some of the other Southern States and the Northern 
States generally were opposed. The New England mem¬ 
bers were anxious that the National government should 
have complete control of foreign commerce. This was re¬ 
sisted by some of the Southern delegates, who feared that 
the importation of slaves might thereby be prohibited. 
Finally, a compromise was agreed upon which gave Con¬ 
gress power over foreign and interstate commerce, but 
forbade any act which might prohibit the importation of 


44 


THE NATIONAL GOVERNMENT. 


slaves before 1808. It was also agreed that a tax of ten 
dollars each might be laid on all slaves imported. While 
the entire Constitution may be said to be made up of com¬ 
promises, the agreement upon these three rendered the 
further work of the Convention possible. 

Signing the Constitution. — Gouverneur Morris was se¬ 
lected to give the document its final form. The clear, sim¬ 
ple English used is due largely to him. After thirty-nine 
members, representing twelve different states, had signed 
the Constitution, the Convention adjourned. While the 
last signatures were being written, Franklin said to those 
standing near him, as he called attention to a sun blazoned 
on the back of the President’s chair: “ I have, often and 
often, in the course of the session, and the vicissitudes of 
my hopes and fears as to its issue, looked at that behind 
the President, without being able to tell whether it was 
rising or setting; but now, at length, I have the happiness 
to know that it is a rising and not a setting sun.” 

Difficulties of Ratification. — The Convention submitted 
the Constitution to Congress. Here, for eight days, it was 
attacked by its opponents. Finally, Congress passed it 
on to the State Legislatures, to be sent by them to State 
conventions. This process of ratification was provided 
for by Article VII of the Constitution, as follows: The 
ratification of the conventions of nine States shall be sufficient 
for the establishment of this Constitution between the States 
so ratifying the sameT 

The period included between September 28, 1787, when 
Congress transmitted the Constitution to the State Legis¬ 
latures, and June 21, 1788, when New Hampshire, the 


THE CONSTITUTIONAL CONVENTION. 


45 


last of the necessary nine States, ratified, was one of the 
most critical in our history. Political parties, in a truly 
National sense, were formed for the first time. Among 
the leaders who defended ably the views of those who 
opposed the ratification of the Constitution were Patrick 
Henry, Richard Henry Lee, Elbridge Gerry, and George 
Clinton. It was urged that there was no Bill of Rights,^ 
that the President would become a despot, and that 
equality of representation in the Senate was an injustice 
to the larger States. “ Letters from the Federal Farmer,” 
prepared for the press of the country by Richard Henry 
Lee, set forth clearly the views of the Anti-Constitutional 
party. 

“ The Federalist.” — No influence was more noteworthy in bringing 
about ratiflcation than a series of political essays afterward collected 
under the name of “The Federalist.” It is considered to-day the best 
commentary on the Constitution ever written. Alexander Hamilton 
originated the plan, and wrote 51 of the 85 numbers. James Madison 
wrote 29, and John Jay 5. 

The Influence of Washington.—Washington was again a giant in 
his support of the Constitution. In a letter to Patrick Henry he early 
sounded an effective note of warning against anarchy, expressing the 
very fear that Anally led many in the conventions to vote for the Con¬ 
stitution. He wrote: “I wish the Constitution which is offered had 

1A Bill of Rights, in which the idea of the rights of man were set forth, 
was a significant part of nearly all the State constitutions. Englishmen, 
generally, had been familiar with the formal statement of these principles since 
1689, when William and Mary accepted the Declaration of Rights as a condi¬ 
tion of their receiving the crown of England. During the same year, Parlia¬ 
ment gave the Declaration of Rights the form of a statute, under the name of 
the Bill of Rights. Among other rights it demanded that the king, without the 
sanction of Parliament, should not raise an army, secure money, or suspend 
the laws; also, that the right of petition, freedom in the exercise of religion, 
and equality under the laws were to be granted all subjects. 


46 


THE NATIONAL GOVERNMENT. 


been more perfect; but it is the best that could be obtained at this 
time, and a door is open for amendments hereafter. The political con¬ 
cerns of this country are suspended by a thread. The convention has 
been looked up to by the reflecting part of the community with a solici¬ 
tude which is hardly to be conceived, and if nothing had been agreed 
upon by that body, anarchy would soon have ensued, the seeds being 
deeply sown in every soil.” 

Ratification Secured. — Delaware, the first State, ratified 
December 6, 1787, without a dissenting vote. Pennsyl¬ 
vania, New Jersey, Georgia, and Connecticut followed 
quickly. Much depended on the action of the Massachu¬ 
setts convention. After prolonged debate, the delegates 
were finally influenced by the statement that amendments 
might be made, and they ratified the Constitution by a 
vote of 187 to 168. The ninth State was secured in the 
ratification by New Hampshire, June 21, 1788. It was 
not until November 21, 1789, however, that North Carolina 
voted to accept the Constitution. Rhode Island held out 
until May 29, 1790. 

The New Government put into Operation.—When the 
ratification of the ninth State had been secured, Congress 
appointed a special committee to frame an act for putting 
the Constitution into operation. It was enacted that the 
first Wednesday in January should be the day for appoint¬ 
ing electors; that the electors should cast their votes for 
President on the first Wednesday in P'ebruary, and that on 
the first Wednesday of March the new government should 
go into operation. It was not until April i that a 
quorum was secured in the House of Representatives, and 
in the Senate not until April 6. The electoral votes 
were counted in the presence of the two houses on 


THE CONSTITUTIONAL CONVENTION. 


47 


April 6 } The inauguration of President Washington 
did not take place, however, until April 30. 

Origin of the Constitution. — Before making a study of 
this epoch-making document, let us inquire briefly as to its 
origin. An analysis of the Constitution shows that there 
are some provisions which are new, and that English 
precedent had an influence. The main features, however, 
were derived from the constitutions of the States with 
whose practical workings the delegates were familiar. 
The following well-known statement is an excellent sum¬ 
mary : “ Nearly every provision of the Federal Constitu¬ 
tion that has worked well is one borrowed from or 
suggested by some State constitution; nearly every pro¬ 
vision that has worked badly is one which the convention, 
for want of a precedent, was obliged to devise for itself.” 

Authority and Objects of the Constitution. — It was evi¬ 
dently the intention of the framers of the Constitution to 
found a government deriving its authority from the 
people rather than from the States. The purposes for 
which this was done are set forth in the following enacting 
clause, commonly called the Preamble : — 

“ We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran- 
qidllity, provide for the common defense, promote the general 
ivelfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for 
the United States of America P 

1 New York did not choose electors. North Carolina and Rhode Island, 
as we have seen, had not ratified the Constitution. 


48 


THE NATIONAL GOVERNMENT. 


This clause was attacked vigorously by the opponents of 
the Constitution, and especially in the Virginia and the 
North Carolina conventions.* Said Patrick Henry: “And 
here I would make this inquiry of those worthy characters 
who composed a part of the late Federal Convention. . . . 
I have the highest veneration for those gentlemen; but, 
sir, give me leave to demand what right had they to say, 
‘ We, the people Who authorized them to speak 

the language of. We, the people, instead of. We, the States ? 
If the States be not the agents of this compact, it must be 
one great, consolidated, national government of the people 
of all the States.” It was argued, on the other hand, by 
Randolph, Madison, and others, that the government, 
under the Articles of Confederation, was a failure, and 
that the only safe course to pursue was to have a govern¬ 
ment emanating from the people instead of from the 
States, if the union of the States and the preservation of 
the liberties of the people were to be preserved. 

SUPPLEMENTARY QUESTIONS AND READINGS. 

1. For an account of the members of the Convention, see Hart, Con¬ 

temporaries, III, 205-211. 

2. For the contributions of the individuals and the classes of dele¬ 

gates, see Walker, The Making of the Nation, 23-27; Fiske, 

Critical Period, 224-229. 

3. Discuss the peculiar conditions in Massachusetts. Give the argu¬ 

ments presented. Walker, 56-57; Fiske, Critical Period, 316- 

331. 

4. How was the Constitution regarded in Virginia? Walker, 58, 60; 

Fiske, Critical Period, 334-338. 

5. What was the attitude of the New York Convention toward the 

Constitution ? Fiske, Critical Period, 340-345. 

6. What objections were made against the Constitution in North 

Carolina? Hart, Contemporaries, III, 251-254. 


THE CONSTITUTIONAL CONVENTION. 


49 


7. What would have been the status of North Carolina and Rhode 

Island if they had not ratifiedWalker, 73, 74; Hart, Forma¬ 
tion of the Union, 132, 133. 

8. Show the influence of the State constitutions on the Federal Con¬ 

stitution. James and Sanford, Government in State and Na¬ 
tion, 135. 

9. For other questions on the material in this chapter, see Fiske, 

Civil Government, 211, 212; James and Sanford, Government 
in State and Nation, 136, 137, 138. 


CHAPTER VII. 


ORGANIZATION OF THE LEGISLATIVE DEPARTMENT. 

Article I. 

A Congress of Two Houses. — Section i. All legislative 
powers^ herem granted, shall be vested in a Congress of the 
United States, ivhich shall consist of a Senate and House 
of Representatives, 

In the Constitutional Convention, the Pennsylvania dele¬ 
gates were the only ones who objected to the formation 
of a legislative body having two houses. It was believed 
that with two houses one would be a check upon the 
other, and that there would be less danger of hasty and 
oppressive legislation. Another reason for the formation 
of a Congress having two houses was that the colonists 
were familiar with this kind of Legislature. It existed in 
all of the States, Pennsylvania and Georgia excepted. 

Term of Members and Qualifications of Electors. — Sec¬ 
tion 2, Clause I. The House of Representatives shall be 
composed of members chose 7 i every second year by the people 
of the several States, and the electors in each State shall 
have the qnalifications requisite for electors of the most 
numeimis branch of the State legislature. 

A short term for representatives was agreed upon, for 
it was the design to make them dependent on the will of 


50 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 51 


the people. The question frequently arises, therefore, 
ought representatives to be compelled to receive instruc¬ 
tions from those who elect them ? May we not agree 
that our legislation would often be more efficient if the 
welfare of the Nation were considered, rather than what 
seems, for the moment, to be only the concern of a dis¬ 
trict or even a State ? Securing the best interests of 
all may mean at times, also, the sacrifice of mere party 
principles. 

Who may vote for Representatives. — By the words people 
and electors is meant voters. With the desire to make 
the House of Representatives the more popular branch, 
it was decided to grant the right of voting for a represen¬ 
tative to any person who might be privileged to vote for 
a member of the lower house of the Legislature of his 
State. The freedom of a State to determine what these 
qualifications are, is limited only by the provisions of the 
fifteenth amendment: — 

Amendment XV. The right of citizens of the United 
States to vote shall not be denied or abridged by the United 
States^ or by any State^ on account of race, color, or previous 
condition of servitude. 

This amendment was proposed by Congress in Febru¬ 
ary, 1869, and was declared in force, March 30, 1870. 
It was for the purpose of granting more complete political 
rights to the negroes, recently declared, by Amendment 
XIV, to be citizens. 

Method and Time of choosing Representatives. — The 
Constitution prescribes that representatives shall be elected 
by the people. Congress has provided that represen- 


52 


THE NATIONAL GOVERNMENT. 


tatives shall be chosen on the Tuesday next after the 
first Monday in November of the even-numbered years.^ 
Congress has also decreed that representatives shall be 
chosen by districts ; but the State Legislature has complete 
control of the districting of its State. However, Congress 
has declared that these districts shall be composed of 
contiguous territory, and contain, as nearly as practicable, 
an equal number of inhabitants. Now, usage has defined 
territory to be contiguous when it touches another portion 
of the district at any one point. As a result of this ques 
tionable interpretation, some States have been divided into 
districts of fantastic shapes, to promote the interests of 
the party having the majority in the State Legislature.^ 

Proportional Representation. — Proportional representation, which 
is coming into favor in these days, would doubtless do much toward 
remedying this abuse. According to the present system of electing rep¬ 
resentatives by districts, large minorities of voters are not represented. 
Numerous plans of “ Proportional Representation” have been advocated. 
One such plan is in operation in Illinois ® for the election of members 
to the State house of representatives. Each district elects three mem¬ 
bers on a general ticket. The voter may give one vote to each candi¬ 
date, or one and a half votes to each of two candidates, or three votes 
to a single candidate. Therefore, the minority, by concentrating their 
votes on one candidate, may elect a representative to the Legislature, 
when under the district system they would not be represented. 

Qualifications of Representatives.— Section 3, Clause 2. 
No person shall be a represeiitative who shall not have 

^ The only exceptions to this rule are: Oregon holds its election on the 
first Monday in June ; Vermont, on the first Tuesday in November ; and 
Maine, on the second Monday in September. 

2 This process is called “ gerrymandering.” See, also, “ Government in 
State and Nation,” pp. 153, 154. 

® On Proportional Representation, read “ Government in State and Na¬ 
tion,” pp. 13, 14, 15. 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 53 


attained to the age of twenty-five years^ and been seven years 
a citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State in which he shall be 
chosen. 

In the original States there was great diversity of quali¬ 
fications for members of the lower houses of their Legisla¬ 
tures. But some uniform system was necessary for the 
National organization, and so the few simple requirements 
of this clause were introduced. It is understood, however, 
that the States may not add other qualifications. While a 
representative must be an inhabitant of the State in which 
he is chosen, he need not, so far as the Constitution 
requires, be an inhabitant of the district. But the in¬ 
stances have been few in which a member of the House has 
not been also an inhabitant of the district which he repre¬ 
sents. According to the English system of representation, 
a member of the House of Commons frequently represents 
a borough or county in an entirely different part of the 
kingdom from that of which he is an inhabitant. 

May the House refuse to admit a person duly elected and possessing 
the necessary qualifications ? This question arose in the 56th Congress, 
in the case of Brigham Roberts of Utah. He was finally excluded. 

Present System of apportioning Representatives.— Sec¬ 
tion 2 of Amendment XIV contains the rule of apportion¬ 
ment that is now in operation. This became a part of the 
Constitution, July 28, 1868. 

Representatives shall be apportioned among the several 
States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for 


54 


THE NATIONAL GOVERNMENT. 


the choice of electors for President and Vice-President of 
the United States, representatives in Cong 7 'ess, the execu¬ 
tive and judicial officers of a State, or the me^nbers of the 
legislature thereof, is denied to any of the male inhabitants 
of such State, being twenty-one years of age, and citizens 
of the United States, or in any way abridged, except for 
participation m rebellion or other C 7 'ime, the basis of repre¬ 
sentation thei'ehi shall be reduced m the proportion which the 
number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

The second sentence of this section was framed in the 
belief that the States, rather than lose a portion of their 
representatives in Congress, would grant the right of 
suffrage to negroes already declared to be citizens. 
But proportional reduction of representatives was never 
put into practical operation, for before the next apportion¬ 
ment of representatives. Amendment XV became a part of 
the Constitution, and negro suffrage was put on the same 
basis as white. However, the enforcement of Section 2 of 
Amendment XIV has been strongly urged in our own time. 
This is because it is estimated that many thousand have been 
disfranchised through the restrictions on the right of suffrage 
found in several of our State constitutions. Some require an 
educational test and others a property qualification for voting. 

The “ Indians not taxed ” doubtless refers to those 
Indians who still maintain their tribal relations or who 
live on reservations in the several States. Their number, 
according to the census of 1900, was 44,617. 

Early Apportionment. — The number of representatives 
to which each of the States was originally entitled is given 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 55 

in Section 2, Clause 3, of the article we are now consid¬ 
ering as follows: — 

Representatives afid direct taxes shall be apportioned 
among the several States which may be included within this 
Union^ according to their respective numbers^ which shall be 
determined by adding to the whole number of free persons^ 
mcludmg those bound to service for a tenn of years y and ex¬ 
cluding Indians not taxedy three-fifths of all other persons. 
The actual enumeration shall be made within three years 
after the first meeting of the Congress of the Ufiited Statesy. 
and within every subsequent te^'m of te 7 i yearSy in such 
mamter as they shall by law direct. The 7 iumber of repre¬ 
sentatives shall 7 iot exceed 07 ie for every thh'ty thousa 7 idy but 
each State shall have at least one rep 7 'ese 7 itative; a7td U7itil 
such enumeratio 7 t shall be madCy the State of New Ha7np- 
shire shall be e 7 ititled to choose threCy Massachusetts eighty 
Rhode Isla 7 id and Providence Pla 7 itations 07 iey Co 7 i 7 iecticut 
fivCy New Yo 7 'k sixy New Jersey foury Pennsylvania eighty 
Delawa 7 'e onCy Maryla 7 id siXy Vhgmia te 7 iy No 7 'th Carolma 
fivCy South Carolina fivCy and Georgia three. 

The three-fifths rule was rendered void by the adoption 
of Amendment XIII, which abolished slavery, since there 
were no longer the “other persons.” That part of the 
clause which provides for the laying of direct taxes is still 
in force. 

The Census.—In order to carryout the provision of the Constitu¬ 
tion, an “actual enumeration” was made in 1790. Since that date 
there has been a census every ten years. The taking of the census and 
the compilation and publication of the statistics connected with it are 
under the supervision of the director of the census. Work on the 
twelfth census was begun June i, 1900, and required over 50,000 
enumerators, 2500 clerks, and 2000 special agents. The cost was some 


56 


THE NATIONAL GOVERNMENT. 


$12,000,000. The most important volumes found in the report are 
those on population,^ manufactures, and agriculture. The taking of the 
census will, in the future, be more economical and efficient because of 
the establishment of the permanent census bureau by an act of Con¬ 
gress in 1902. 

Ratio of Representation. — The Constitution provided that there 
should be 65 members in the first House of Representatives. After 
the first census. Congress agreed that there should be one representa¬ 
tive for each 33,000 of the population. This gave a house with 105 
representatives. From that time the ratio of representation has been 
changed every ten years. Otherwise, with the rapid increase in popula¬ 
tion, the House would soon become too large. The ratio adopted by 
the act of January 12, 1901, was one representative to 194,182 people.^ 
After March 4, 1903, therefore, there will be at least 386 members in 
the House, if the membership is complete.® 

Members from New States. — Should a new State be ad¬ 
mitted after the apportionment is made, its representatives 
are always additional to the number provided for by law. 

The Constitution provides that each State shall have at 
least one representative. If this provision had not been 
made, the States of Delaware, Idaho, Nevada, and Wyo¬ 
ming, each having a smaller population than the ratio 
adopted in 1901, would not be represented. 

Territorial Delegates.—The organized Territories are 
each entitled to send a delegate to the House of Repre¬ 
sentatives. He is allowed to speak on any question that 
has to do with his Territory, but may not vote. 

1 The population of the United States, according to the first census, was 
3,929,214. The population in 1900 w’as 76,303,387. 

2 For the method of apportionment, see “ Government in State and Na¬ 
tion,” p. 145. 

® The number of members in the English House of Commons is 670 ; in 
the French Chamber of Deputies, 5S4 ; and in the German Reichstag, 396. 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 57 

Vacancies. — Section 2, Clause 4. When vaca7tcies 
happen m the representation from any State^ the exectitive 
authority thereof shall issue writs of election to fill such 
vacancies. 

When a vacancy occurs in the representation from any 
State on account of death, expulsion, or for other cause, it 
is made the duty of the Governor of the State in which the 
vacancy exists to call for a special election in that district 
to choose a representative for the remainder of the term. 

Officers. — Section 2, Clause 5. The House of Repre¬ 
sentatives shall choose their Speaker and other officers, and 
shall have the sole power of impeachment. 

The Speaker, who is the presiding officer, has always 
been a member of the House, but the Constitution does 
not say that he shall be. The other officers are the Clerk, 
Sergeant-at-Arms, Doorkeeper, Postmaster, and Chaplain, 
none of whom is a member of the House. 

Number and Term of Office of Senators. — Section 3, 
Clause I. The Senate of the United States shall be com¬ 
posed of two senators from each State, chosen by the legis¬ 
lature thereof for six years, and each senator shall have one 
vote. 

As we have seen, the provision that there should be two 
senators from each State was the result of a compromise. 
Consequently New York and Pennsylvania have but the 
same number as Delaware and Nevada.^ The term of six 
years for senators was likewise a compromise measure. 
There were members of the convention who favored three 

1 The Senate now contains 90 members; the English House of Lords, 
560 ; and the French Senate, 300. 


58 


THE NATIONAL GOVERNMENT. 


years; others wanted nine years, and Hamilton desired 
that the term should be during good behavior. Many 
States have practically lengthened the prescribed term by 
the wise policy of returning acceptable senators for more 
than one term. Although elected by the State Legislature, 
senators do not vote by States. The senators from a 
State may, and often do, vote on opposite sides of a 
question. 

Qualifications of Senators. — Section 3, Clause 3. No 
persojt shall be a senator who shall not have attained to 
the age of thu'ty years^ and been 7 ime years a citizen of 
the United States^ and who shall not^ when elected^ be art 
inhabitant of that State from which he shall be chosen. 

The reasons for requiring different qualifications in 
senators from those of representatives is expressed in 
“The Federalist” as follows: “The propriety of these dis¬ 
tinctions is explained by the nature of the senatorial trust, 
which, requiring greater extent of information and stability 
of character, requires at the same time that the senator 
should have reached a period of life most likely to supply 
these advantages.” The attitude of Americans toward the 
Senate to-day differs from that manifest during the first 
quarter century of our history. Has the Senate degen¬ 
erated.? is a question frequently asked. The presence in 
that body of numerous millionaires has also excited un¬ 
favorable comment. There have been two instances only 
in which senators have been disqualified because of inade¬ 
quate citizenship. 

Times and Places for electing Senators and Representa¬ 
tives.— Section 4, Clause i. The times^ places^ and ma7z- 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 59 


ner of holding clectio?is for senators and representatives 
shall be prescribed in each State by the legislature thereof; 
but the Congress may at any tiniCy by law, make or alter 
such regidations, except as to the place of choosing senators. 

It is desirable that Congress should have the final au¬ 
thority in providing for the election of its own members, 
because the very existence of the Union might otherwise 
be left, at times, to the whims of the State Legislatures. 
Congress, in 1866, provided for the system now in use. 

The Legislature, chosen next before the expiration of the term of a 
senator, proceeds to elect his successor on the second Tuesday after its 
organization. On that day each house must vote separately by a viva 
voce vote. The two houses are required to meet in joint assembly at 
noon the following day, when the results are read. If the same person 
has received a majority of the votes in both houses, he is elected. If 
no person have such majority, the joint assembly must take a viva voce 
vote. The person receiving a majority of such votes is elected, pro¬ 
viding a majority of all the members elected to both houses are present 
and voting. Should there still be no election, the joint assembly must 
meet at noon on each succeeding day, and take at least one vote until 
a senator shall have been chosen. The procedure is the same in the 
case of a vacancy which has occurred before the Legislature has assem¬ 
bled. When the vacancy happens during the session of the Legislature, 
it must proceed in the same way the second Tuesday after receiving 
notice of the vacancy. 

Election of Senators by Popular Vote. — Shall United States sena¬ 
tors be elected by popular vote? This question has been much dis¬ 
cussed in recent years. Deadlocks and bribery in State Legislatures 
have done much to bring it into prominence. Besides, there is a grow¬ 
ing feeling that the people are quite as competent to elect United States 
senators as they are to choose other officers. The House of Repre¬ 
sentatives, on several occasions, has passed a resolution favoring an 
amendment to the Constitution that will secure this result; but each 
time it has failed in the Senate. At the beginning of the year 1903 
there were twenty-seven of the State Legislatures on record as in favor 
of this reform. That the people generally desire such an amendment 


6 o 


THE NATIONAL GOVERNMENT. 


cannot be questioned, if we may judge by the vote cast in Illinois in the 
November election of 1902. 451,319 voters favored popular election 

of senators ; 76,975 opposed. 

Vacancies in the Senate. — As provided in Clause 2, of 
Section 3 of the article we are considering, a vacancy 
occurring in the Senate during the recess of the Legisla¬ 
ture of any State may be filled, temporarily, through an 
appointment made by the Governor of that State. A 
senator thus appointed holds his office until the Legisla¬ 
ture meets. In case that body fails to elect his successor, 
he retains the office until the end of the session of the 
Legislature. But the State will then lack one member in 
the Senate, because the governor may not, by appoint¬ 
ment, fill a vacancy resulting from the failure of the 
legislature to elect. ^ 

Classes of Senators. — Section 3, Clause 2. Im^nediately 
after they shall be assembled in consequence of the first elec- 
tion^ they shall be divided^ as £qually as may be^ into three 
classes. The seats of the senators of the first class shall be 
vacated at the expiration of the second year; of the second 
class^ at the expiration of the fourth year; and of the third 
class, at the expiration of the sixth year; so that one-third 
may be chosen every second year, and if vacancies happen by 
resignation or otherwise, durmg the recess of the legislature 
of any State, the executive thereof may make temporary 
appointments until the next meeting of the legislature, zvhich 
shall then fill such vacancies. 

This provision makes the Senate a permanent body, 
since only one-third of the members go out of office every 
two years. In the first session of the first Congress the 

^ For a test case, see “ Government in State and Nation,” p. 149. 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 61 


senators were divided into three classes. It has been the 
custom to place the senators from new States in different 
classes. This is done in order to preserve, so far as pos¬ 
sible, the equality of numbers in each class. Besides, a 
State is thus enabled to keep one man of experience in the 
Senate. When a new State is admitted, the senators from 
that State determine by lot, drawn in the presence of the 
Senate, which classes they are to enter. Thus when 
Utah was admitted, her Senators were assigned to the 
two and four year classes, neither of them serving the 
full term of six years. 

President of the Senate. — Section 3, Clause 4. The 
Vice-President of the United States shall be President of the 
Senate^ but shall have no vote unless they be equally divided. 

Other Officers. — Section 3, Clause 5. The Senate shall 
choose their other officers^ and also a President pro tempore^ 
in the absertce of the Vice-President, or when he shall exercise 
the office of President of the United States. 

The Vice-President of the United States is the presiding 
officer of the Senate. He cannot take part in debates, and 
has no vote unless there be a tie. In marked contrast with 
the power of the Speaker, he cannot name the committees, 
and has no direct authority in legislation. Indeed, the 
office is regarded as one of so little influence that it is 
sometimes difficult to secure, as candidates for it, men of 
recognized prominence. 

The other officers of the Senate are Secretary, Chief 
Clerk, Sergeant-at-arms, Chaplain, Postmaster, Librarian, 
and Doorkeeper, none of whom is a member of the Senate. 
It is desirable, in the absence of the Vice-President, that 


62 


THE NATIONAL GOVERNMENT. 


the Senate should have a presiding officer. At the open¬ 
ing of the session, therefore, that body chooses from its 
own members a president pro tempore. He may vote on 
any question, but cannot cast the deciding vote in case of 
a tie. 

When Congress Meets. — Section 4, Clause 2. The 
Congress shall assemble at least ojice in every year, and such 
meetmg shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

As we have already seen, representatives are elected 
for a term of two years. This period defines the length 
of a Congress. Representatives, as we know, are chosen 
on the first Tuesday after the first Monday in November. 
Now the term of office of a representative begins legally 
on the fourth of March succeeding the time of his election.^ 
Except in the case of a special session, this term does 
not really begin until the first Monday of the following 
December, or thirteen months after the election. It would 
seem desirable that the members should be given an 
earlier opportunity to express themselves on the issues 
upon which they have been chosen. 

Sessions of Congress. — Each Congress has two regular 
sessions. The first is called the “long session,” for its 
length is not determined by a definite date of adjournment. 
It usually lasts until midsummer and may not extend be¬ 
yond the first Monday in December, the time fixed for 
the beginning of the next session. The second, or “ short 
session,” cannot extend beyond 12 m . of March 4, the time 

1 The limits of the 58th Congress will be March 4, 1903, to March 4, 1905. 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 63 


set for a new Congress to begin. The President may con¬ 
vene Congress in special session. 

Organization of Congress. — The first Monday in December of each 
second year is a notable day in Washington, for the formal opening of 
a new Congress is regarded as an important event. The House of 
Representatives must go through the entire process of organization. 
To the Clerk of the preceding House are intrusted the credentials of the 
members, and from these he makes out a list of those who are shown to 
be regularly elected. At the hour of assembly he calls the roll from 
this list, announces whether or not a quorum is present, and states that 
the first business is to elect a Speaker. After his election, the Speaker 
takes the oath of office, which is administered by the member who has 
had the longest service in the House. The Speaker then administers 
the oath to the members by States. The election of the Chief Clerk 
and the other officers follows, after which the House is said to be 
organized. 

The Senate is a ^‘continuing body,” and no formal organization is 
necessary. At the opening of a new Congress the Vice-President calls 
the Senate to order and the other officers resume their duties. After 
the President pro tempore has been chosen, the newly elected members 
are escorted to the desk in groups of four, and the oath is administered 
by the President of the Senate. Each house, when organized, notifies 
vhe other of the fact, and a joint committee of the Houses is appointed 
to wait upon the President and inform him that quorums are present 
and are ready to receive any communication he may desire to send. 

The House of Representatives occupies a large hall in the south wing 
of the Capitol. The desks of the members are arranged in a semicircle 
about that of the Speaker, with the Republicans on his left and the 
Democrats on his right. When a member gains the floor, he speaks 
from his own desk or from the space in front of the Speaker’s desk. 
Unless the question is one of importance, but little attention is paid to 
the course of debate. Consequently a visitor can hear only with great 
effort because of the constant din produced by the shuffling of papers, 
clapping of hands for pages, etc. The real work of Congress, as we 
shall see, is done in committees. The Senate occupies a hall at the 
opposite end of the Capitol. It is, of course, much smaller than that 
occupied by the House, but is similarly arranged. In general, the pro¬ 
ceedings on the floor of the Senate are conducted in a much more orderly 
manner than is usual in the House. 


64 


THE NATIONAL GOVERNMENT. 


SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What is the number of the present Congress ? Give the dates for 

the beginning and end of each session. 

2. In the States which have woman suffrage, may women vote for 

representatives ? 

3. It is not required by law that a representative shall reside in the 

district that he represents, but it is an established custom. 
What are its advantages and disadvantages ? Compare with 
the English practice. Bryce, American Commonwealth, I, 
Chapter ig. 

4. Were the States mentioned on p. 54 justified in the enactment 

of their suffrage laws ? 

5. Ought Section 2, Amendment XIV, to be enforced? Rev. of R’s, 

22:273-275,653,654; 24:649-651; Forum, 31:225-230; 32: 
460-465; N. Am. Rev., 168:285-296; 170:785-801; 175:534- 
543 ; Outlook, 69 : 751. 

6. State the points of likeness and of difference between the House 

of Representatives and the House of Commons. N. Am. Rev., 
170: 78-86. 

7. Give the number of representatives to which your State is entitled. 

Was the number increased in the last apportionment ? How 
large is your Congressional district ? Population ? 

8. Compare the area of your district with that of other districts in 

your State ; also with the population of other districts. Com¬ 
pare the number of votes cast for Representative in your dis¬ 
trict with the number cast in districts of other States in different 
sections of the country. How do you account for the variation ? 
See New York World Almanac. 

g. Some interesting facts connected with the apportionment of 1901 
are given in the Forum, 30: 568-577. 

10. For the Reapportionment Law of 1901, see Outlook, 67:136. 

11. For accounts of the methods by which a census is taken, see 

American Census Methods, Forum, 30:109-119. Census of 
1900, N. Am. Rev., 170:650-652. 

12. Who are some cf the best-known representatives and senators? 

For what reasons are they noted ? 

13. Who are the senators from your State ? When was each elected ? 


ORGANIZATION OF LEGISLATIVE DEPARTMENT. 6$ 


14. Give the names of the Speaker and of the President pro 

tempore. 

15. Has the Senate degenerated ? Should senators be elected by 

popular vote? Outlook, 67: 559, 604, 774a; 73: 277-285, 386- 
392. For other references, see James and Sanford, Govern¬ 
ment in State and Nation, p. 157. 


F 


CHAPTER VIII. 


POWERS AND DUTIES OF THE SEPARATE HOUSES. 

1. Impeachment. 

Article II, Section 4. The President, Vice-President and 
all civil officers of the United States, shall be removed from 
office on impeachmetit for, a 7 id cojiviction of, U'eason, bribery, 
or other high crimes and misdemeanors. 

Article I, Section 2, Clause 5. The House of Represen¬ 
tatives shall . . . have the sole power of impcachmeiit. 

Section 3, Clause 6. The Senate shall have the sole 
poiver to try all impeachments. When sitting for that pur¬ 
pose, they shall be on oath or affirmation. When the Presi- 
de 7 it of the United States is tried, the Chief Justice shall 
preside; and no person shall be convicted without the con¬ 
currence of two-thirds of the members present. 

Section 3, Clause 7. Judgment m cases of impeachment 
shall 7 iot extefid further than to removal from office and dis¬ 
qualification to hold and enjoy any office of honor, trust, or 
profit under the United States ; but the pa^'ty convicted shall 
nevertheless be liable and subject to indictment, trial, judg¬ 
ment, and punishment according to law. 

There have been but seven impeachment trials in the 
history of our government. Section 4 of Article II declares 
who may be impeached. The expression “ civil officer ” 

66 


POWERS AND DUTIES OF SEPARATE HOUSES. 


does not include military and naval officers. They are 
subject to trial by court-martial. Members of Congress 
may not be impeached, since the Constitution authorizes 
each house to bring to trial and punish its own members. 
Clause 5 of Section 2, and Clauses 6 and 7 of Section 3, 
Article I, give the method of procedure against an officer 
who may be charged with “ treason, bribery, or other high 
crimes and misdemeanors.” The articles of impeachment 
preferred by the House of Representatives correspond to 
the indictment in a criminal trial. The manner of con¬ 
ducting an impeachment trial, in the Senate, resembles 
also a trial by jury.^ That the “Chief Justice shall pre¬ 
side” during the trial of the President of the United States 
is a wise provision, because it is easy to presume that a 
Vice-President might be personally interested in the con¬ 
viction of a President. 

II. The Quorum, Journal, and Freedom of Speech. 

Determination of Membership and Quorums. — Section 5, 
Clause I. Each house shall be the judge of the elections, 
returns, ajid qualifications of its own members, and a 
majority of each shall constitute a quorum to do business; 
but a smaller number may adjourn from day to day, and 
may be authorized to compel the attendance of absent mem¬ 
bers, in such manner and under such penalties as each house 
may provide. 

In the Senate the question raised in a contest usually 
applies to whether a senator has been duly elected. It 
has been held by the Senate that to deprive a member of 

1 See “Government in State and Nation,” p. 159. 


68 


THE NATIONAL GOVERNMENT. 


his seat for bribery or corruption in the course of his elec¬ 
tion, it must be shown that he was personally guilty of 
corrupt practices, that the corruption took place with his 
sanction, or that a number of votes sufficient to affect the 
result were corruptly changed. As an instance, Mr. 
Clark of Montana was refused a seat in the Senate during 
the first session of the 56th Congress, because it' was 
proved that he had secured his election by bribing mem¬ 
bers of the State Legislature. 

In the House the name of the person possessing the 
certificate of election signed by the governor of his State 
is entered on the roll of the House, but the seat may still 
be contested. Many cases of contested elections are con¬ 
sidered by each new House. There were thirty-two seats 
contested in the 54th Congress. Such cases are referred 
to the Committee on Elections, which hears the testimony, 
and presents it to the House for final decision. Each of 
the cases when presented to the House consumes from 
two to five days which might otherwise be used for the 
purposes of legislation. The law provides that no more 
than $2,000 shall be paid either of the contestants for 
expenses, but even then, it is estimated, these contests cost 
the government, all told, ^40,000 annually. When the 
decision is rendered by the House, the vote is, in most 
cases, strictly on party lines, regardless of the testimony. 
In view of these facts, it has been suggested that the 
Supreme Court decide all contested elections. 

How a Quorum is Secured.— If it appears, upon the 
count of the Speaker, or upon the roll-call of the House, 
that a majority is not present, business must be suspended 


POWERS AND DUTIES OF SEPARATE HOUSES. 69 

until a quorum is secured. Fifteen members, including 
the Speaker, may be authorized to compel the attendance 
of absent members. This is accomplished as follows : The 
doors of the House are closed, the roll is called, and 
absentees noted. The Sergeant-at-arms, when directed by 
the majority of those present, sends for, arrests, and brings 
into the House those members who have not sufficient 
excuse for absence. When a quorum is secured, business 
is resumed. 

Rules and Discipline. — Section 5, Clause 2. Each house 
may deteinnine the rules of its proceedings^ pimish its 
members for disorderly behavior^ and, with the concurrence 
of tivo-thirds, expel a member. 

The Journal. Section 5, Clause 3. Each house shall 
keep a joimtal of its proceedings and from time to time 
publish the same, excepting such parts as may in their judg¬ 
ment require secrecy ; and the yeas and nays of the members 
of either house on any question shall, at the desire of one- 
fifth of those presefit, be entered on the journal. 

Our Knowledge of Congressional Proceedings.—As citi¬ 
zens in a republican government, it is our duty to keep in¬ 
formed on the problems which our representatives are 
called upon to solve. Means of gaining information are not 
wanting. The public galleries of both Houses are usually 
open to visitors. The official record of the proceedings of 
Congress is made known to the public through the Journal, 
which is read at the opening of each day’s session. Reports 
of the debates do not appear in the Journal, but are pub^ 
lished each day in the Congressional Record. 

Another means of keeping constituents informed on the 


70 


THE NATIONAL GOVERNMENT. 


position of their representatives is through the recording 
in the Journal of the vote of each member when demanded 
by one-fifth of those present. In voting by the “ yeas and 
nays,” the clerk calls the roll of members and places after 
each name, “yea,” “nay,” “not voting,” or “absent.” 
The Senate rules specify this as the only method of voting. 
(Other methods of voting in the House are indicated on 
page 8o.) 

Power to Adjourn. — Section 5, Clause 4. Neither house, 
dimng the session of Congress, shall, without the consent 
of the other, adjourn for more than three days, 7 tor to any 
other place than that in which the two houses shall be 
sitting. 

If there is a disagreement between the two houses with 
respect to the time of adjournment, the President may 
adjourn them to such a time as he thinks proper. This 
right has never yet been exercised. 

Compensation and Freedom from Arrest. — Section 6, 
Clause I. The senators and representatives shall receive 
a co 7 npensation for their services, to be ascertahied by law, 
a 7 idpaid out of the treasury of the United States. They 
shall in all cases, except treason, felo 7 iy, a 7 id breach of the 
peace, be p 7 dvileged froi 7 t a 7 Test durmg their atte 7 ida 7 ice at 
the sessio 7 is of their respective houses, and gomg to a 7 td re- 
timiing fro 7 n the same; a 7 id for any speech or debate m 
either house, they shall not be questioned m a 7 iy other place. 

Should the members of Congress be paid a salary, or 
should the office be regarded as exclusively one of honor } 
These questions were discussed at length in the Constitu¬ 
tional Convention. Some of the delegates favored the 


POWERS AND DUTIES OF SEPARATE HOUSES. 71 


English custom, by which members of Parliament receive 
no salary. It was finally concluded to adopt the provi¬ 
sions as given, in order that men of ability, though poor, 
might become members of the National Legislature. 

By a law of 1789 the compensation of senators and representatives was 
fixed at six dollars per day and thirty cents for every mile traveled, by 
the most direct route, in going to and returning from the seat of govern¬ 
ment. Prior to 1873, amount was changed several times by act of 
Congress. The compensation then agreed upon and still paid is $5000 
per year, with mileage of twenty cents, and $125 per annum for stationery. 
The Speaker “receives $8000 a year and mileage. The President pro 
tempore receives the same amount while acting as President of the 
Senate. 

To many people $5000 seems a large salary, but the great expense of 
living in Washington, especially if a Congressman and his family take 
part in the social life of the capital, renders the salary quite inadequate. 
Members have been known to pay more than their salaries for house- 
rent alone. Many members make a financial sacrifice in accepting a 
seat in Congress. 

To hold Other Offices. Disqualification. — Section 6, 
Clause 2. No senator or represe 7 ttative shall, during the 
time for whieh he is elected, be appomted to any civil office 
tuider the authority of the United States which shall have 
beeii created, or the emoluments tvhereof shall have been in¬ 
creased, ditring such time; and no person holding a 7 iy 
office tmder the United States shall be a member of either 
house during his contmuance in office. 

The purpose of this provision seems to have been to 
remove the temptation on the part of Congressmen to 
create offices, or to increase the emoluments of those 
already existing, in order to profit by such legislation. The 
exclusion of United States officials from seats in Congress 
was due to the desire of appeasing State jealousy, which 


72 


THE NATIONAL GOVERNMENT. 


asserted that the National government would in this way 
secure an undue influence over the State governments. 
It is advocated, with good reason, that members of the 
Cabinet should be privileged to take part in the discussion 
of measures in Congress which pertain to their own depart¬ 
ments. Alexander Hamilton asked for this privilege. It 
was refused because of the belief that he would exert too 
great influence over the members. The precedent thus 
established has always been retained. 

But since executive officers are often invited to present 
their views before committees of Congress, they may, in 
this way, exert great influence upon legislation. 


CHAPTER IX. 


HOW LAWS ARE MADE BY CONGRESS. 

Methods of Procedure developed by Custom. —Very little 
can be learned directly from the Constitution concerning 
the actual methods employed in the enactment of laws by 
Congress. In both houses, procedure in the conduct 
of their business has been developed by custom; it has 
changed from time to time as determined by circumstances, 
and it has taken on forms that were entirely unanticipated 
by the founders of our government. The principal reason 
why new methods of Congressional procedure have be¬ 
come necessary may be found in the growth of the amount 
of business presented to Congress for consideration; this, 
in turn, has been caused by the growth of population and 
wealth, and by the expansion of business relations through¬ 
out this country and with other nations. 

Several features of Congressional organization may be 
mentioned as very important in determining the course of 
legislation. These are : — 

I. The Committee System. 

II. The House Committee on Rules. 

III. The Speaker of the House. 

IV. The Influence of Party Caucuses. ‘ 

I. The Committee System. —Two facts made this system 
necessary in the houses of Congress, (i) The number oi 


74 


THE NATIONAL GOVERNMENT. 


members, especially in the House of Representatives, is so 
large that business cannot be transacted with dispatch by 
the entire body. (2) The number of bills introduced is so 
very great that it is impossible for either house to consider 
all of them; hence it is necessary that committees shall 
examine the bills and decide which are worthy of consider¬ 
ation. 

In the long session of the 58th Congress, more than 15,000 bills 
were introduced into the House. -The number of committees in the 
House was 60, the membership varying from 3 to 18. The most im¬ 
portant House committees are those on Ways and Means (which has 
charge of all bills for raising revenue), Appropriations, Banking and 
Currency, Foreign Affairs, and Military Affairs. In the Senate of the 
58th Congress there were 55 standing committees. The number of 
members on a committee was in most cases 9 or ii. A few of the 
Senate committees are those on Finance (corresponding to the commit¬ 
tee on Ways and Means in the House), Agriculture, Commerce, and 
Foreign Relations. 

Both in the House and in the Senate, every member is on some com¬ 
mittee, and some members have places on several committees. In the 
House of Representatives the Speaker appoints the committees, and he 
selects the chairman and a majority of the members of each committee 
from the members of his own party; that is, from the party that has a 
majority in the House. The Senate committees are constituted in ac¬ 
cordance with the same rule; but in the Senate the committees are 
elected, rather than appointed. 

Steps in the Progress of a Bill. — The importance of the 
committee system in Congress is found in the power of 
committees to determine the destiny of bills that are com¬ 
mitted to their charge. The hitroductioii of a bill by a 
member of either house is merely a formal step; the bill is 
immediately referred to a committee. When the committee 
reports the bill back, the house will in a great majority of 
cases pass or reject it according to the committee’s recom- 


HOW LAWS ARE MADE BY CONGRESS. 


75 


mendation. Few bills are debated in either house, and in 
the most of these cases the discussion has no influence 
upon the fate of the bill — it is meant merely to be heard 
or to be printed. Hence, it is in that intermediate stage 
between the reference of the bill to a committee and the 
report on it that the real work of legislation is accomplished. 

The Power of Committees over Bills. — In the course of 
its deliberations a committee may exercise the utmost free¬ 
dom with respect to the bills referred to it. The greater 
number of bills receive no consideration whatever from the 
committees ; these may never be reported if the committees 
see fit to ignore them. Other bills are amended by the 
committees, or new bills are substituted for them. Such is 
the power intrusted to Congressional committees. How¬ 
ever undesirable in some respects this method of legisla¬ 
tion may seem, its necessity has fixed it as a permanent 
feature of Congressional procedure. 

Many of the important committees have separate rooms where their 
meetings are held. Here the members may confer in secret, or they 
may allow or invite the hearing of testimony and arguments upon the 
subjects of bills. Frequently the majority members of a committee 
hold separate meetings, determine their policy, and then adhere to it 
regardless of the wishes of the minority members. The latter may pre¬ 
sent a separate report called the minority report of the committee. 

II. The Committee on Rules. — Since only a small pro¬ 
portion of the bills that are reported favorably can receive 
consideration and come to a vote, the question now arises. 
How is it determined which bills shall be thus favored 
In some measure this depends upon the importance and 
the merits of the bill; but it depends more upon the skill 
and influence of the member (generally the chairman of 


76 


THE NATIONAL GOVERNMENT. 


the committee reporting the bill) who is particularly in¬ 
terested in seeing it enacted into law. In the House of 
Representatives this important matter is decided by the 
Committee on Rules, which is composed of five members, 
three being of the party that has a majority in the House. 
This committee decides which bills shall be considered, and 
how much time shall be given to the discussion of each 
one. Thus it practically dictates the course of legislation 
in the House. Sometimes the committee is overruled by 
an opposition composed of the minority members of the 
House together with a few rebellious members of the 
majority party; but such a revolt is exceptional, and 
usually the Committee on Rules has its way. Some cen¬ 
tral authority like this, with dictatorial, power, seems 
necessary in order to settle the disputes and rivalries 
arising among infiuential members and important commit¬ 
tees ; these would block each other’s progress, and no 
legislation whatever would be accomplished, were there 
not some power to decide which, in each case, shall have 
the right of way. 

III. The Power of the Speaker. — As the Committee on 
Rules decides the programme to be followed in each day’s 
proceedings in the House, the Speaker is the executive 
officer who sees that the programme is adhered to. Indeed, 
the Speaker is chairman of the Committee on Rules and 
is its most influential member. No bill can come before 
the House, and no member can address the House, without 
the Speaker’s consent. In all important matters, it is 
necessary for a member to make an arrangement with the 
Speaker in order to secure recognition when he wishes to 
address the House- 


HOW LAWS ARE MADE BY CONGRESS. 77 

In exercising the power of recognition^ the Speaker will, 
of course, give both the sides a fair opportunity to debate 
upon important measures. He will not permit members to 
make motions, or to protract debate, merely for the sake of 
delaying some action to which they are opposed. Within 
recent years, obstructive tactics^ popularly known as filU 
blistering, are of rare occurrence in the House. Be¬ 
fore these extensive and arbitrary powers were intrusted 
to the Speaker, the minority members more frequently 
obstructed the work of the House and prevented all legis¬ 
lation because of their opposition to a particular bill. 

Two powers of the Speaker remain to be mentioned 
which are no less important in their influence on legislation 
than those already considered. He appoints all commit¬ 
tees of the House, and in this way marks out in some im¬ 
portant matters the policy that will be pursued in legisla¬ 
tion. Again, the Speaker refers all bills introduced into 
the House to their appropriate committees. Sometimes the 
Speaker may exercise his discretion with regard to the 
committee to which he refers a certain bill, and in such 
cases his influence upon the fate of the bill is important. 

We are endeavoring to analyze the complicated action 
of the forces that determine which bills shall, and which 
shall not, be enacted by Congress. So far, we discover 
that great authority is intrusted to small groups of mem¬ 
bers— the committees. These practically determine the 
contents of all bills. We find in the House a central 
directive committee (that on Rules) deciding which bills 
shall be dropped and which may be considered. Finally, 
we find that the Speaker is the most influential member of 
Congress, executing the decisions of the Committee on 


78 


THE NATIONAL GOVERNMENT. 


Rules (that is, chiefly his own will) and deciding impor¬ 
tant questions at critical moments in the course of the 
daily business of the House. 

The Lobby, Log-rolling, and Patronage.—Not all the bills that 
come before Congress are passed or rejected on their merits. The 
influences that determine the course of legislation at Washington are 
very numerous and complicated. Some of these influences are to a 
greater or less extent legitimate, and others are totally bad. The 
lobby^ in its broadest sense, is composed of all those persons who go to 
Washington in order to exert pressure upon Congressmen in favor of or 
against certain measures. Some of the best laws and some of the 
worst are enacted through the influence of the lobbyist. Log-rollmg 
is an important influence in determining legislation; a member votes 
for the pet measure of his fellow-congressman on condition that the 
latter will vote for the bill in which he is particularly interested. Political 
Patro 7 iage is a great factor in determining votes in Congress ; the power 
of members to recommend appointments,^ and the influences exerted 
in their favor by the appointees, often determine the question of their 
continuance in offlce. Consequently, there is a great temptation to use 
patronage in exchange for votes. The use of money directly in bribery 
is difficult of detection, but other favors and privileges of pecuniary 
value are no less effective in the purchase of the votes of those members 
who are so unscrupulous as to be open to such influences. 

Debate in the House. — The fate of nearly all bills that 
are introduced into Congress is determined by the inter¬ 
action of the various influences that have received attention 
so far in this chapter. Argument in debate is a small 
factor in arousing favorable influence or in changing votes. 
In the House, the Committee on Rules limits strictly the 
time given to debate. The chairman of the committee 
reporting a bill generally has one hour in which to urge 
the passage of his measure; for a portion of the time he 
may yield the floor to other members, both friends and 
opponents of the bill. Of course, much more than one 

iSee p, 134. 


HOW LAWS ARE MADE BY CONGRESS. 


79 


hour is given to debate on important bills. Many of the 
speeches which are printed in the Cottgressional Record 
have not been delivered; but they are intended for circula¬ 
tion among the constituents of Representatives, and for use 
as c-ampaign documents. Many of the speeches that are 
actually delivered receive scant attention; the lack of 
interest in them is made evident by the noise and con¬ 
fusion that very often prevail during sessions of the House. 

Senate Procedure. — In the Senate, debate is not limited. 
Senators are expected to regard each other’s rights with 
respect to the amount of time and attention they may 
demand; yet a bill may be ‘Halked to death” in the 
Senate. As a result, the Senate is less businesslike in its 
procedure than the House, and some means of checking 
unlimited discussion ^ have often been proposed for it. 

Conference Committees. — If one house amends a bill 
which has already passed the other, it must be returned 
;'or re-passage to the house where it originated. This is 
a Lequent cause of conflict between the two houses, and 
each tries to insist on its rights.^ 

When such a dispute cannot be easily adjusted, a con¬ 
ference committee must be appointed. This is composed 
of members from each house, and they endeavor to arrange 
a compromise which will be acceptable to both houses. 
Generally their decision is ratified without question, but 
sometimes even this method of settlement fails. 

1 This is called, technically, a rule for “ closure.” 

2 Within very recent years the Senate has shown itself to be the stronger 
body. This is partly because its members have longer terms, and so become 
more skillful in exerting their influence and adhering to their demands. 


8o 


THE NATIONAL GOVERNMENT. 


Methods of Voting. — There are three methods of voting 
in Congress, (i) Members respond “aye” or “no” by 
acclamation. (2) If a divisioii is called for, a rising vote 
is taken and the members are counted. In the House, the 
counting is done by two tellers, who stand near the 
Speaker’s desk, while the members pass between them in 
single file, first those voting in the affirmative, and after¬ 
ward those opposing the motion. When the “ yeas and 
nays ” are called for, or whenever the rules of either house 
require them, the roll is called and each member votes as 
he responds to his name. This vote is entered on the 
journal.^ 

After the roll-call is completed, the presiding officer announces the 
pairs. Members who belong to different political parties may agree 
that they shall be recorded on opposite sides of party questions 
whether they are present or not. Or pairs may be arranged for particu 
lar votes only. This device enables a member to be absent from his 
seat without feeling that his vote is needed. 

The President's Power in Lawmaking.—A bill which 
has received a majority vote in both houses is next sent to 
the President. 

Article i. Section 7, Clause 2. Every bill which shall 
have passed the House of Representatives and the Senate 
shall, before it become a law, be presented to the President 
of the United States ; if he approve he shall sign it, but if 
not he shall return it, with his objections, to that house in 
which it shall have originated, zvho shall enter the objec¬ 
tions at laige on their journal and proceed to reconsider it. 
If after such reconsideration tivo-thirds of that house shall 
agree to pass the bill, it shall be sent, together with the 


^ See pp. 69-70. 


HOW LAWS ARE MADE BY CONGRESS. 


8l 


objections^ to the other hot/se, by which it shall likewise be 
reconsidered, and if approved by two-thirds of that house it 
shall become a law. But in all such cases the votes of both 
houses shall be detennined by yeas and nays, and the names 
of the persons voting for and against the bill shall be entered 
on the Journal of each house respectively. If any bill shall 
not be returned by the President within ten days (Sundays 
excepted) after it shall have been prese7ited to hhn, the same 
shall be a law, in like mariner as if he had signed it, unless 
the Coitgress by their adjournment prevent its retimi, m 
zvhich case it shall not be a law. 

The framers of the Constitution intended that the veto 
power should be a check, though not an absolute one, upon 
hasty or unwise legislation. The President may cause a 
bill to fail by neither signing nor vetoing it during the last 
ten days of a session. The term pocket veto has been 
applied to this method of defeating bills. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Copies of the Congressional Record and the Congressional Direc¬ 

tory furnish interesting illustrations of the topics treated in this 
chapter, 

2. Procedure in the Senate, Ashley, The American Federal State, 

228-231. In the House, ibid., 250-258, 263-264. 

3. What difference is there in the granting of recognition in the 

Senate and House ? Harrison, This Country of Ours, 45-48. 

4. An interesting account of the appearance and character of the 

Senate, Bryce, I, 114-120 (117-123). 

5. The character of Representatives — procedure in the House — the 

number of bills introduced, Bryce, I, 124-134 (128-138). 

6. What appearance does the House make when at work Bryce, I, 

138-144 (142-148). 

7. An Englishman’s criticisms on our committee system, Bryce, I, 

153-160 (157-164). 

G 


82 


THE NATIONAL GOVERNMENT. 


8. General observations on Congress, Bryce, I, Chapter 19. 
g. How are obstructive tactics carried on ? Alton, Among the Law¬ 
makers, Chapter 20. 

10. Why is there little debate in the House of Representatives? Wil¬ 

son, Congressional Government, 72-73, 86-102. 

11. The Senate, Forum, 31:423-431; N. Am. Rev., 174:230-244; 

Century Mag., 65 : 499-515. 

12. Our Process of Lawmaking, Arena, 23:480-484; Century Mag., 

64: 170-187. 

13. The Speaker’s Influence, Rev. of R’s, 21:85-86; Arena, 21: 
653-666. 

Comparisons of Congress with Parliament, N. Am. Rev., 170: 78- 
86 ; Arena, 23 : 593-605. 


14. 


CHAPTER X. 


SOME IMPORTANT POWERS OF CONGRESS. 

I. National Finances. 

The Power of Taxation. — When we speak of the 
finances of a country, we mean its revenues and expendi¬ 
tures. Revenues have their origin chiefly^ in taxation, 
and the power vested in Congress by virtue of which taxes 
are imposed and collected is found in the following clause: 

Article I, Section 8, Clause i. The Congress shall have 
power to lay and collect taxes, duties, imposts and excises, 
to pay the debts and provide for the common defe^ise an^ 
general welfare of the United States; but all duties, impost^ 
and excises shall be uniform throughout the United States. 

Duties on Imports. — The two forms of taxes relied upon 
by the United States for its revenues are (i) duties and 
(2) excises.^ A duty is a tax levied upon goods that are 
imported into the United States.® The merchant doing 
business in New York, for example, cannot obtain posses¬ 
sion of the goods he has imported until the officers of the 
custom-house at that port have examined the mvoice^ or 
the list of articles in each package,'with their prices; and 

1 Considerable sums are derived by our National government from the sale 
of public lands. See Chapter on Territories and Public Lands. 

2 The terms duties and imposts are nearly synonymous. 

® Duties on exports are prohibited in Section 9, Clause 5, of Article I: 
No tax or duty shall be laid on articles exported from any State. 

83 


84 


THE NATIONAL GOVERNMENT. 


the officers may examine the goods, also, to see if they 
correspond in amount and quality to the statements of the 
invoice. The importer then pays to the collector of the 
port of New York the amount of the duty levied on his 
importation. 

Kinds of Duties. — These are of two kinds, (i) Specific duties are 
fixed amounts levied on certain units of measurement of commodities, 
as the pound, yard, or gallon. (2) Ad valore 7 n duties are levied at a 
certain rate per cent on the value of the articles taxed. Below are given 
several examples of duties imposed by the tariff law of 1897 (the Ding- 
ley law). 

Watches, 40 per cent ad val. 

Umbrellas, 50 per cent ad val. 

Leather manufactures, 35 per cent ad val. 

Glassware, 60 per cent ad val. 

Apples, 25 f per bushel. 

Honey, 10 f per gallon. 

Cheese, 6 ^ per pound. 

Table knives, 16^ each and 15 per cent ad val. 

Blankets, 22 f per pound and 30 per cent ad val. 

It is apparent that on some articles both kinds of duties are levied. 

In the fiscal year ending June 30, 1902, the total amount of duties 
collected was $254,500,000. New York is by far the most important 
port of entry. 

Passengers on steamships coming from foreign countries are required 
to declare what dutiable goods they have among their baggage, each 
person being allowed to enter $100 worth of goods free of duty. Upon 
landing, their baggage is examined; trunks and valises are opened, and 
in suspected cases the persons of travelers are searched for concealed 
dutiable goods. The temptation to undervaluation and to smuggling, 
in order to escape this form of taxation, is so great that constant vigi¬ 
lance is necessary at custom-houses and along the borders of the United 
States to prevent these frauds. Special agents and revenue cutters are 
employed to detect violations of the law. 

Tariff Laws. — A tariff is the list of the rates of duties 
fixed by law. An importer of foreign goods must consider 


SOME IMPORTANT POWERS OF CONGRESS. 85 


the amount of the duties he has paid as part of the cost of 
the goods when he sells them. If a. higher price is caused 
in this way, this may deter importation and encourage the 
production of such articles in this country. Consequently, 
high rates of duties may have a decided influence upon the 
industries of a country. When the rates of duties are so 
adjusted as to bring about this result, we have a protective 
tariff; i.e. one under which persons can produce in this 
country certain articles which otherwise they could not 
produce, because of their cheapness when imported from 
a foreign country. The duties are made so high that it is 
not profitable to import the articles. When rates of duties 
are fixed primarily with the object of raising revenue, and 
without regard to their effect upon the industries of the 
country, we have a tariff for revenue. This kind of tarif; 
is generally meant when the term free trade is used. 
Articles on which no duties are imposed are said to be 
on the free list. There is no country which fails to collect 
duties on some of its importations. 

Reciprocity Agreements. — The United States has entered into 
reciprocity treaties with various countries for securing the reduction of 
tariff rates. Each country agrees to admit certain products of the 
other country at reduced rates, or free of duty. These are generally 
commodities in the production of which there is little or no competi¬ 
tion between the parties to the treaty. 

Internal Revenue Taxes. — Excises are taxes laid upon 
the manufacture and sale of certain products within the 
country. At the present time these internal revenue taxes 
are levied by the National government upon liquors,^ to- 

1 Taxes are levied, not only upon the liquors themselves, but upon the 
business of brewing and rectifying ; of selling by wholesale and by retail ; of 


86 


THE NATIONAL GOVERNMENT. 


bacco, snuff, opium, oleomargarine, filled cheese, mixed 
flour, and playing cards. The greater number of these 
taxes are paid by the purchase of stamps, which must be 
affixed, in the proper denominations, to the articles taxed. 
When the packages are broken, the stamps must be de¬ 
stroyed so that they cannot be used again. 

War Taxes. — Because taxes of this kind are so easily collected, the 
government has extended them to a great number of articles when it 
suddenly needed a large revenue, as in the War of 1812, the Civil War, 
and the Spanish War of 1898. The law of 1898 increased the taxes on 
liquors and tobacco, and imposed new taxes on (i) proprietary articles, 
and (2) documents. Under the first heading fall patent medicines and 
compounds of various kinds. Documentary taxes ^ were imposed upon 
legal papers, such as deeds, mortgages, etc., and also upon bank checks 
and drafts, telegraph and telephone messages, and express receipts. 
Under this law the internal revenue receipts rose from $170,000,000 in 
1898, to $273,000,000 in 1899. Congress has repealed these special 
war taxes. 

The law of 1898 also levied taxes on bankers and brokers; and it 
included a legacy tax, which is still in force. Inheritances above 
^10,000 are taxed at various rates, which differ with the degrees of re¬ 
lationship that may exist between the one who bequeaths the property 
and the persons inheriting it. 

Rules for Levying Taxes. — The Constitution contains 
two rules by which Congress must be guided in the levy¬ 
ing of taxes. We have seen. Article I, Section 8, Clause i, 
that duties, imposts, and excises, must be imiform through¬ 
out tJie United States; that is, the same rates must pre¬ 
vail everywhere. Another provision. Article I, Section 2, 
Clause 3, is that repi'esentatives and direct taxes shall be 

manufacturing stills ; and upon the stills themselves. A list of these taxes 
may be obtained from the collector of any internal revenue district. 

^ These were exactly like those imposed by Parliament in the Stamp Act 
of 1765. 


SOME IMPORTANT POWERS OF CONGRESS. 8/ 

apportioned among the several States . . . according to 
their respective numbers} 


We have, therefore, the following classification : 


1 . 


Direct 
taxes, 
levied on 


persons,2 

lands, 

incomes. 


Must be apportioned among 
the States according to popu¬ 
lation. 


II. Indirect duties, 
taxes imposts, 
excises. 


Must be uniform throughout 
the United States. 


So far, we have discussed the indirect taxes only, for at 
present the United States levies no direct taxes. In our 
previous history, however, the government has imposed 
all the kinds of taxes mentioned in the outline above. In 
levying a direct tax. Congress must determine the total 
amount to be raised (as ;^2,000,000 in 1798, and ;^20,ooo,ooo 
in 1861), and then apportion this amount among the 
States, according to their population. It is evident that, 
if this kind of tax is imposed upon property or incomes, 
the rate will not be uniform throughout the United States. 

The bills introduced into Congress which provide for 
taxation are called “bills for raising revenue.” They 
must originate in the House of Representatives (Article I, 
Section 7, Clause i). The Committee on Ways and Means 
frames these bills. In the Senate, such bills are referred 
to the Committee on Finance, and here the bills may be 
amended. 

1 See also Article I, Section 9, Clause 4: No capitation, or other direct, tax 
shall be laid tinless in proportion to the census or enumeration hereinbefore 
directed to be taken. 

2 These are poll taxes. Such a tax was levied on slaves in 1798 and 1813. 






88 


THE NATIONAL GOVERNMENT. 


The Appropriation of Money. — Appropriation bills are 
those which provide for the expenditure of the govern¬ 
ment’s funds, and these bills are in charge of the com¬ 
mittee on appropriations in each house. 

Below is a list of the principal items in the revenues and 
appropriations for the year ending June 30, 1903. 

Revenues. 


Duties. 

. $284,500,000 

Internal revenue ..... 

230,800,000 

Miscellaneous. 

45,096,000 

T otal. 

. $560,396,000 

Expenditures. 

War Department. 

. $118,600,000 

Navy Department ..... 

82,600,000 

Indian Bureau ..... 

12,900,000 

Pensions ...... 

138,400.000 

Interest on public debt .... 

28,500.000 

Civil list and miscellaneous 

125,000.000 

Total. 

. $506,000,000 


The Power to borrow Money. — We have now seen how 
money is provided for the government under ordinary cir¬ 
cumstances. In extraordinary cases this revenue is not 
sufficient; accordingly, Congress has been given power by 
Article I, Section 8, Clause 2, To borroiv money on the credit 
of the United States. 

Money is borrowed in most cases by the sale of bonds. 
These are of the same nature as the promissory notes by 
which individuals obtain loans. National bonds, state the 
promise of the United States to pay a certain amount, at a 
stated time, with interest. A “ registered ” bond contains 
the name of the owner, and this is a matter of record at the 









SOME IMPORTANT POWERS OF CONGRESS. 89 

treasury department. When this bond is transferred, 
the record must be changed. “ Coupon ” bonds are usually 
payable to bearer; they have attached to them a number of 
coupons equal to the number of interest payments due 
during the term of the bond. 

Bonds are bought and sold on the market, and their prices are quoted 
in the daily papers. When the bonds fall due, they are redeemed by 
the government at their face value, or “ at par.” On the market all 
United States bonds are now selling “at a premium.” Issues of bonds 
were made in 1898, the rate of interest being 3 per cent, and in 1900, 
the rate being 2 per cent. The Public Debt Statement issued monthly 
by the treasury department gives the divisions of the bonded debt 
and the amount outstanding. On May 31, 1904, the amount of the 
interest-bearing debt was $895,157,430. 

II. The Power of Congress over Commerce. 

The Control of Commerce. — The power over commerce, 
which we are next to discuss, was given to Congress be¬ 
cause the history of the country under the Articles of Con¬ 
federation demonstrated conclusively the fact that State 
control of commerce was entirely inadequate. Through 
Congressional control we secure that uniformity which is 
essential to security and prosperity in commercial matters. 
Not all commerce that is carried on by the citizens of this 
country is subject to control by Congress. The Constitu¬ 
tion gives it the power, in Article I, Section 8, Clause 3, 
To regulate commerce ivith foreigii nations^ and among the 
several States, and with the Indian tribes. 

There is a vast amount of commerce that is carried on 
entirely within the limits of the different States. Over this 
commerce Congress has no power; it is regulated by State 
laws relating to trade and transportation. 


90 


THE NATIONAL GOVERNMENT. 


Interstate Commerce. — The distinction between State 
and interstate commerce is not readily seen in many cases; 
but in general it may be said that if a commodity starts in 
one State destined for another, its control throughout its 
course lies within the power of Congress.. This principle 
applies to both land and water transportation. So the 
coast trade among the States lies within the jurisdiction of 
Congress; also, commerce upon those rivers that form 
highways between different States. The harbors and 
waterways of the United States have been improved by 
the expenditure of many millions of dollars. This money 
has been appropriated in the “ River and Harbor Bills ” 
that are passed by almost every Congress. 

The Interstate Commerce Law. — The importance of rail¬ 
road transportation led to the enactment, in 1887, of the 
“ Interstate Commerce Law,” controlling this form of com¬ 
merce. The law became necessary because of certain 
abuses which had arisen. In many instances, the rail¬ 
roads gave lower freight rates to certain persons than to 
others doing the same kind of business; again, the mer¬ 
chants or manufacturers of certain cities were favored by 
more liberal rates than could be obtained by those who 
were engaged in the same industries in other cities. As a 
result, the business of many persons and places suffered 
injury, while the business of their rivals prospered through 
the advantages given to them by the railroads. In conse¬ 
quence, the Interstate Commerce Law provided that all 
rates should be “just and reasonable.” It was made un¬ 
lawful to discriminate by giving to any particular person, 
corporation, or locality an unreasonable advantage over 


SOME IMPORTANT POWERS OF CONGRESS. 91 

Others.^ All rates for interstate commerce must be made 
public under this law. Finally, the Interstate Commerce 
Commission was created to supervise the administration of 
the law. 

The Interstate Commerce Commission. — Complaints con¬ 
cerning the violation of the Interstate Commerce Law are 
made to this Commission, which consists of five members 
appointed by the President and confirmed by the Senate. 
The Commission cannot inflict penalties upon persons who 
are found by their investigations to have violated the law; 
this can be done only after the offender has been tried and 
found guilty in a court. Consequently, although some 
abuses have been corrected, the railroads still engage in 
other practices that are prohibited, and additional power 
must be given to the Interstate Commerce Commission 
before it can prevent the violation of the law. 

The Control of Trusts. — Among the abuses arising in 
connection with interstate commerce are those which re¬ 
sult when persons enter into agreements or combinations to 
prevent free competition; for under these circumstances 
prices are raised, or certain persons are favored in trade. 
In 1890, Congress passed a law prohibiting such combina¬ 
tions “ in restraint of trade or commerce among the several 
States or with foreign nations.” This is known as the 
Sherman Anti-trust Law. Now, a trust is simply a large 
corporation which has absorbed or killed off, more or less 
completely, other establishments engaged in the same in¬ 
dustry. The trust may or may not have a monopoly, that 

^ The 57th Congress passed in 1903 a law providing penalties for the grant¬ 
ing and the acceptance of “ rebates.” 


92 


THE NATIONAL GOVERNMENT. 


is, complete control in that line of business; and it may or 
may not be engaged in interstate commerce. An agree¬ 
ment among certain railroad companies to establish and 
maintain freight rates was declared to be in violation of the 
law of 1890. Also, a combination, or “ conspiracy,’’ among 
railroad employees to stop the running of trains was de¬ 
clared illegal,^ 

The “ trust problem,” which is so prominent in current political dis¬ 
cussion, is the question of preventing the evils of combination in 
industry. These evils become evident when excessive prices are 
charged by persons who control certain lines of business; that is, when 
free competition is prevented in the production, transportation, or sale 
of commodities. If the business conducted by a trust lies entirely 
within the limits of a single State’s boundaries, then it must be regu¬ 
lated by State law. How far Congress may go in its regulation of 
trusts under the interstate commerce clause of the Constitution, quoted 
above, is an unsettled problem. Some authorities hold that the power 
of Congress is sufficient to meet all cases; while others believe that the 
Constitution must be amended before Congress can pass laws which will 
prevent the evils of combination in industry.’^ 


III. The Money of the United States. 

Our National Currency. Another of the most important 
powers of Congress is that granted in the following 
clause: — 

Article I, Section 8, Clause 5. To coin money, regulate 
the value thereof, and of foreign coin, and fix the standard 
of weights and measures. 

In civilized countries it is the practice of the govern¬ 
ment to furnish to the people a “ circulating medium ” for 

1 Other cases are cited in » Government in State and Nation,” p, 203. 

2 The Commissioner of Corporations in the Department of Commerce and 
Labor, which was created in 1903, has authority to investigate the manner 
in which corporations conduct their interstate business. 



SOME IMPORTANT POWERS OF CONGRESS. 93 

use in trade and commerce. Two kinds of money are in 
use in the United States : (i) coin, or specie; and (2) paper 
money. The total amount of money in circulation in the 
United States on October i, 1903, was ^2,404,617,000, 
or ^29.75 per capita for the whole population. Of this 
amount, two-thirds, roughly speaking, was paper money of 
the various kinds, and one-third was metal money.^ We 
shall first consider the coins of the nation. 

How Coins are Made. — The coinage of money takes 
place at the mints, which are located at Philadelphia, 
Denver, New Orleans, and San Francisco. Gold and 
silver come to the mints in the form of bricks, or rough 
bars, to which the term bullion is applied. Alloy must be 
added to the pure metal for the purpose of rendering it of 
sufficient hardness to withstand wear. In our gold and 
silver coins one-tenth of the weight is an alloy composed 
of copper and nickel. A quantity of the bullion of the 
required purity is first melted and then cast into ingots, 
or long bars. Each bar is next run between heavy rollers 
until it takes the form of a thin strip. From the strip are 
punched round pieces, called “blanks,” of the size and 
thickness of the coin that is being made. In the next 
process the blank is weighed on a delicate balance; when 
found to be of the correct weight, the coin is placed in a 
powerful press, and from this it comes with its edge raised 
above the face and its edge milled. In a similar press the 
designs are stamped upon the faces of the coin. 

1 Annual Report, Secretary of the Treasury, 1903, pp. 129-132. In ad¬ 
dition to this amount in circulation the United States Treasury contained 
^5^316,000,000, of which i^26o,ooo,ooo was gold. 


94 


THE NATIONAL GOVERNMENT. 


Below is a list of the coins now being minted. 

Gold Coins 4 


Double eagle 
Eagle 


Half-eagle 

Quarter-eagle 


Silver Coins. 


Standard dollar 
Half dollar 


Quarter dollar 
Dime 


Minor Coins. 


Five-cent (nickel) 


One cent (bronze) 


The silver coins less in value than one dollar are called subsidiary 
coins. 

The Ratio of Gold and Silver Coins.— The law fixes the weight of 
pure metal in a silver dollar at 371.25 grains, troy weight, and that of 
the pure metal in a gold dollar at 23.22 grains. The ratio of these 
weights is 15.988-f : i, or nearly 16:1. This indicates the origin of 
the famous expression, “ sixteen to one.” 

Free Coinage. — By free coinage is meant a policy established by law, 
under which any person may bring bullion to the mint in any amount 
and have it coined; that is, the amount which the government will coin 
is unlimited by law. Our country has always had the policy of free 
coinage with respect to gold. This was also the policy in the coinage 
of our silver dollars until 1873. At that time the coinage of the silver 
dollar was discontinued until a law was passed in 1878 (the Bland Act) 
renewing its coinage, but in limited quantities. The government 
purchased silver bullion under this law, and under the Sherman Act 
(1890), but since 1893 no silver bullion has been purchased for the 
coinage of silver dollars, but the bullion already on hand has been 
used for this purpose. 

Paper Money. — We have in the United States five 
kinds of paper money in general circulation: — 


Kinds. 


Amounts outstanding Oct. i, 1903. 


4. National bank notes . 

5. Treasury notes of 1890 


1. United States notes . 

2. Gold certificates 


3. Silver certificates 


. . $346,000,000 

420,000,000 
464,000,000 
. . 420,000,000 

. . 17,000,000 


1 No gold one-dollar pieces have been coined since 1890. 




SOME IMPORTANT POWERS OF CONGRESS. 95 

The History of United States Notes. — United States 
notes, or “ greenbacks,” as they are commonly called, 
originated during the Civil War. When the government 
was without specie with which to purchase supplies for 
the army and pay other expenses, it issued these notes. 
Each note says on its face, “The United States will pay 

to bearer $ -” Since no time was set for the fulfillment 

of this promise, and since there was neither gold nor 
silver in the treasury with which to redeem the notes, 
people would naturally hesitate to accept them in payment 
for goods or salaries. Consequently, Congress made the 
notes “ legal tender ” ; ^ that is, the law compelled cred¬ 
itors to receive this kind of money in payment for debts. 
The notes passed into circulation, therefore, because 
people were forced to take them ; but their value de¬ 
preciated greatly during the war. In 1879 the govern¬ 
ment began the redemption of the notes in specie, and 
since that time they have been worth their face value. 

Gold and Silver Certificates. — It is much more con¬ 
venient to handle paper money than coins. Consequently, 
provision is made for the gold certificates and silver cer¬ 
tificates which represent, respectively, gold coins and silver 
dollars stored in the United States treasury and ready for 
exchange for the certificates at any time. 

National Bank Notes. — The fourth kind of paper money 
is issued by national banks. These are organized under 
United States law and subject to control by an officer of 

1 Our full legal tender coins at present are the gold coins, silver dollars, 
United States notes and treasury notes of 1890. Subsidiary silver coins are 
legal tender in amounts not greater than ^10.00, and the minor coins are legal 
tender to the amount of twenty-five cents. 



96 


THE NATIONAL GOVERNMENT. 


the Treasury Department. Like banks that are organized 
under State law, national banks conduct the ordinary 
banking operations. This part of their business is subject 
to failure, and the depositors are liable to loss, as in the 
case of other banks. But the holder of a National bank 
note may always be sure of the fulfillment of the promise 

printed on its face, that “The National Bank of_ 

will pay the bearer $ _, on demand.” This is because 

the security for these notes consists of United States bonds. 
Every National bank owns an amount of these bonds equal 
to the amount of its notes in circulation ; the bonds are 
deposited with the government at Washington, and if the 
bank should fail, the bonds may be sold by the government 
and thus specie will be secured with which to redeem the 
notes. 

The amount of treasury notes of 1890 is comparatively 
small, and this kind of money is destined to disappear 
within a few years. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. The tariff schedule in force at the present time may be found in 

newspaper almanacs. Is this tariff high, low, or moderate in 
its rates ? 

2. The Statistical Abstract, published by the Bureau of Statistics of 

the Treasury Department, gives the list of items upon which 
duties and internal revenue taxes are collected, and the amounts 
yielded by each for a series of years ; the expenditures of the 
government, with the chief items; a statement of the National 
debt; and statistics concerning the money of the United States. 

3. Why do liquors and tobaccos bear the heaviest excise taxes ? 

What reasons can you give for taxing the other articles men¬ 
tioned on p. 86 ? 

4. For a statement of the principal items of the public debt in igoi, 

see James and Sanford, Government in State and Nation, p. 193. 




SOME IMPORTANT POWERS OF CONGRESS. 97 


5. The evils of trusts and the remedies proposed are discussed in the 

following articles: Arena, 23:40-58, 617-626; 24:569-572; 25: 
264-270. Atl. Mo., 87:736-745; 89:332-339. Cent. Mag., 

60:143-149, 152-153. Forum, 28:412-426; 30:286-293. N. Am. 
Rev., 174 : 778-784. Nation, 71 : 4-5. 

6. Because our coins contain one-tenth alloy, they are said to be nine- 

tenths fine. Calculate from the weights of pure metal, given on 
p. 94, the total weights of the gold and silver dollars. 

7. For information concerning the Act of Congress fixing a “ standard 

of weights and measures,” see Government in State and Nation, 
219. 

8. The depreciation of the United States notes, referred to on p. 95, 

is shown graphically in Government in State and Nation, 210. 


CHAPTER XL 


OTHER GENERAL POWERS OF CONGRESS. 

I. Power of Naturalization. 

Who are Citizens.—Who are citizens of the United 
States is always a question of interest. We find it clearly 
answered in the first clause of the fourteenth amendment 
as follows: All persons born or natnralized in the United 
States and subject to the jiirisdictio 7 i thereof are citizefis of 
the United States and of the States wherein they reside. 

Thus there are two classes of citizens: (i) those who 
are citizens by birth; (2) those who have been natural¬ 
ized. Children born in this country, though of foreign 
parentage, and residing here, may be considered American 
citizens if they choose. According to an Act of Congress, 
passed in 1882, Chinese aliens may not be naturalized; 
but our Supreme Court has decided that a child born in the 
United States, of Chinese parents, is a citizen, if he desires 
to be. Though born in a foreign country, a child whose 
father is an American citizen may claim the privilege of 
American citizenship. Indians who keep their tribal 
relations are not included under the provisions of this 
section. 

Naturalized Citizens. — The second class of citizens are 
those who are naturalized. That the rules should be uni- 

98 


OTHER GENERAL POWERS OF CONGRESS. 


99 


form by which aliens become citizens, is self-evident. 
After a brief discussion, the Constitutional Convention 
provided in Section 8, Clause 4, that Congress shall have 
the power to establish a uniform rtde of 7 iaturalization, and 
wiifonn laws on the subject of bankruptcies throughout the 
United States. 

Process of Naturalization.—(i) The foreigner desiring 
to become a citizen goes before the clerk of any court of 
record and declares, “upon oath,” that it is his intention 
to become a citizen of the United States, and to renounce 
all allegiance to the government which has jurisdiction over 
him. He then receives his “first papers.” (2) After he 
has resided in the United States for five years, providing 
two years have elapsed since his “ declaration of intention,” 
he may secure his certificate of naturalization. He must 
appear in open court and swear that he will support the 
Constitution of the United States, and renounce all alle¬ 
giance to any foreign power. Two witnesses must testify 
to his term of residence, and declare that he is a man of 
good moral character. His wife, and those of his children 
who are under twenty-one years of age, become citizens at 
the same time. In certain cases. Congress has, by a single 
act, admitted large numbers of aliens to American citizen¬ 
ship, as it did at the time of the purchase of Louisiana, 
the annexation of Texas, and of Hawaii. 

Bankrupt Laws. — It sometimes happens, because of general depres¬ 
sion in trade throughout the country, on account of losses, or for other 
reasons, that business men become heavily involved in debt. They are 
said to be insolvent. Now it is but just that such property as they 
have should be divided in some equitable way among the creditors. 
A bankrupt law secures such a division, and the debtor is, at the same 


100 


THE NATIONAL GOVERNMENT. 


time, freed from all legal obligation to pay the debts which cannot be 
met in this way. The first law of Congress on this subject was passed 
in 1802, and repealed in 1803. Since that time there have been three 
other bankrupt laws, but the total time during which they have been in 
force amounts only to some twenty years. The last law, that of 1898, 
is still in operation.^ 

Some States have also passed insolvency laws. How¬ 
ever, these must not in any way conflict with the provisions 
of the national bankrupt laws. 

II. The Postal System. 

Organization of the Post-office Department.—We can 
appreciate somewhat the advancement made in the postal 
service rendered by the government when we read that an 
Act of Congress in 1782 directed that mail should be carried 
“at least once in each week from one office to another.” 
Our well-organized postal system, declared recently by the 
Postmaster-General to be the “greatest business concern” 
in the world,^ has been evolved through laws made in car¬ 
rying out the provision of the Constitution that Congress 
shall have power to establish post-offices and post-roads. 

As is well known, the Postmaster-General, a member of 
the President’s Cabinet, is at the head of this Department 
of government. Among his duties, that of overseeing the 
appointment of some 70,000 postmasters is by no means 
the least.® These are the so-called fourth-class post- 

1 See “Government in State and Nation,” pp. 224, 225, for a further discus¬ 
sion of bankrupt laws — especially that of 1898. 

2 The total receipts of the Post-office Department for 1902 were $121,840,- 
047. 

3 The appointments are actually made by the Fourth Assistant Postmaster- 
General. 


OTHER GENERAL POWERS OF CONGRESS. 


lOI 


masters. The other three classes, in which are included 
those postmasters whose salaries are not less than ;^iooo, 
are appointed by the President, with the consent of the 
Senate. 

Classes of Mail. — Mail matter belongs to one of four classes. In 
general, the classes and rates are as follows : First class — letters, two 
cents an ounce; second class — newspapers and periodicals, one cent 
a pound; third class — books, one cent for two ounces; and fourth 
class — merchandise, limited to four-pound packages, one cent an ounce. 

Free Delivery. — Among the notable advances in the 
mail service was the provision for the free distribution of 
mail in the cities of 10,000 inhabitants, or where the annual 
postal receipts are ^10,000 and above. 

Rural Free Delivery. — No innovation in postal methods 
has been more successful than the free delivery of mails 
in the country districts. The development of the system, 
since its establishment in 1897, has been remarkable.^ 

Among the good effects resulting from its extensive 
introduction may be mentioned the following: (i) Cor¬ 
respondence in the communities affected has increased. 
(2) The circulation of the daily newspaper and of periodi¬ 
cal literature has been greatly enlarged, and interest has 
grown in public affairs. (3) Good roads have been multi¬ 
plied, for they are made one of the conditions for the intro¬ 
duction of the service. (4) Because the country districts 
are brought into daily communication with the centres of 
population, the tendency to quit the farm for the town 

1 According to the report of the superintendent for the year ending June 30, 
1902, 8413 routes had been established. Congress granted an additional 
sum of nearly $5,000,000 to extend this service during the year 1903. Presi¬ 
dent Roosevelt, in his annual message for 1902, pronounces the system an 
unqualified success, and urges its further extension. 


102 


THE NATIONAL GOVERNMENT. 


has been lessened and thus rural free delivery is helping, 
in some degree, to solve one of the problems of our 
social and industrial life. 

Money Orders. — Another great convenience in this de¬ 
partment is the “ money order ” office, through which 
money may be transferred quickly and safely. The office 
is also made a bank of deposit by many persons, who 
secure money orders payable to themselves. 

Postal Savings-banks. — At various times bills have been before 
Congress providing for the establishment of postal savings-banks in 
connection with post-offices. It is proposed that they shall receive 
small amounts on deposit, paying a low rate of interest, and that the 
funds secured be invested in government bonds. A strong argument 
in favor of their establishment is, that they have met with much favor 
in many of the European countries. 

Some of the Defects in our Postal System. — (i) One of .the great 
abuses in the postal system arises through the delivery of second-class 
matter. There can be little doubt but that private interests are often aided 
by a perversion of the law defining periodical publications. That this 
is an unjust drain upon the public funds is clear, when we consider that, 
in a recent year, the government expended $17,277,783 more than it 
received for carrying second-class mail. (2) Another serious defect 
has existed, in the payment of exorbitant rates to railroad companies 
for carrying the mails. (3) Some Congressmen abuse the privilege 
granted them of sending government publications free. (4) The pos¬ 
tal system has offered one of the best fields for the manipulation of 
the spoilsman. Postmasters have been usually appointed on the recom¬ 
mendation of representatives, and, too frequently, the one essential 
to securing an office is that the successful applicant must be influential 
in politics.^ 

1 “ The policy now is to consider all fourth-class postmasters as appointed 
for an indefinite period, and subject to removal for cause only.” — Report of 
Civil Service Co?nmission, 1901-1902, p. 20. 


OTHER GENERAL POWERS OF CONGRESS.' 


103 


III. Copyrights and Patents. 

Copyrights and Patents. — Section 8, Clause 8. To pro- 
mote the progress of scmice and usefid arts, by securing, for 
Ihnited times, to authors and inventors, the exclusive right 
to their respective writings and discoveries. 

The development of American literature has been 
greatly aided through the operation of laws based on this 
clause. Copyrights are secured from the Librarian of Con¬ 
gress. Any person obtaining a copyright has the sole 
right to print, copy, or sell the book, chart, engraving, 
music, etc., for a period of twenty-eight years. A copy¬ 
right may be renewed for fourteen years longer. It may 
be sold or transferred, providing a record of the transfer 
be made in the office of the Librarian of Congress, within 
sixty days. 

Patents. — Americans have been rightly named the 
great inventors of the world. Not a little of our marvel¬ 
ous industrial progress has been due to this inventive 
ability. The government has contributed to the same 
end, through the enactment of laws protecting those in¬ 
ventors who secure patents. A person desiring a patent 
must declare upon oath, in his petition addressed to the 
Commissioner of Patents, that he believes himself to be 
the first inventor of the article for which he solicits a 
patent. The sum of fifteen dollars is charged for filing 
the application, and twenty dollars for issuing the patent. 
A patent is granted for seventeen years, but may be ex¬ 
tended for seven years more. During this period, the 


104 


THE NATIONAL GOVERNMENT. 


patentee has the exclusive right to manufacture, sell, or 
transfer his invention.^ 

IV. Military Powers of Congress. 

Section 8, Clauses ii, 12, 13, 14. To declare wai% grant 
letters of marqne and reprisal^ and make rules concernmg 
captures on la 7 id a 7 id water. 

To 7^aise a7id support ar77iies^ but 7to app7'opriatio7i of 
77i07iey to that use shall be for a longer te7'77i tha7i two yea7'S. 

To pt'ovide a 7 td 77 iai 7 itai 7 i a 7 iavy. 

To 7 nake rides for the gover 7 i 77 ie 7 it and regidatio 7 i of the 
land a 7 id 7 iaval foixes. 

The Army. — Americans are always impressed by the 
military spirit so prevalent in European nations. Com¬ 
pared with the standing army of Germany, which has 
some 700,000 men, and with that of Russia, containing 
1,000,000 men, or with that of most European nations, 
our army is insignificant in size. According to a law 
of 1901, the army of the United States cannot contain 
more than 102,258 men.^ 

Fortunately, there has always existed in the United 
States the desire to keep the standing army from becom¬ 
ing unduly large. The Constitution itself indicates that 
appropriations for the army shall not be for a longer 
time than two years. At the end of this period, the 

^ The total number of applications filed for patents, in 1902, was 50, OCX). 
This was the largest number ever applied for in a single year. 

2 The annual report of the Secretary of War, for 1902, shows that the num¬ 
ber of enlisted troops in our army numbered 59,866, which is the minimum 
number provided for by the act mentioned. 


OTHER GENERAL POWERS OF CONGRESS. 105 


people may check the growth of the army through the 
election of representatives opposed thereto. 

Officers and Classification of the Army. — The President is, ex‘ 
officio^ commander-in-chief of the army and navy of the United States. 
The office of general was created, by Congress, March 3, 1799, but was 
not filled. It was revived in 1866 for General Grant, General Sherman 
succeeding to the title in 1869. The same rank was bestowed on 
General Sheridan in 1888. The lieutenant-general is next in rank 
to the general. The army is distributed geographically as follows : 
Division of the Philippines and the Departments of California, of the 
Colorado, of the Columbia, of Dakota, of the East, of the Lakes, of the 
Missouri, and of Texas. The Division is in charge of a major-general, 
and the Departments are each in charge of a major-general or of a 
brigadier-general. The commands which correspond to each grade 
are: major-general, four regiments; brigadier-general, two regiments; 
colonel, one regiment; lieutenant-colonel or major, a battalion or 
squadron; captain, a company. As now organized, infantry regiments 
consist of 12 companies, of 65 men each. Cavalry regiments contain 
12 troops, each having 65 enlisted men. 

The Navy. —We are told by competent authorities that 
one of our best means of preserving peace with foreign 
powers is to maintain a strong navy. This has become 
much more necessary since the United States has begun 
to acquire insular possessions. Although the construction 
of the modern American navy was not begun until 1883, 
since that time progress has been so marked that it is now 
estimated our navy ranks fourth among the navies of the 
world. The order is Great Britain, France, Russia, the 
United States. In the year 1899 Congress appropriated 
$36,000,000 for the construction of twelve new ships of 
war.^ 

1 According to the report of the Secretary of the Navy, for 1902, the fight¬ 
ing strength of the American navy, counting ships launched, under construction, 


io6 


THE NATIONAL GOVERNMENT. 


Names of Vessels. — A ship of the first class is given the name of a 
State; one of the second class that of a principal city or river, and the 
names for ships of the third class are selected by the President. The 
navy now contains 312 vessels. 

Officers in the Navy. — The titles admiral and vice-admiral, corre¬ 
sponding to the grades of general and lieutenant-general in the army, 
were created by act of Congress to be bestowed on the following men 
as recognition for distinguished services during the Civil War : Admirals 
Farragut and Porter; and Vice-Admirals Farragut, Porter and Rowan. 
Admiral Dewey was granted his title by a special Act of Congress after 
the battle of Manila. The officers of the navy ranking with major- 
generals, brigadier-generals, colonels, and so on, in the army, are rear- 
admirals, commodores, captains, commanders, lieutenant-commanders, 
lieutenants, masters, ensigns. 

The Militia. — With but little opposition in the Constitu¬ 
tional Convention, Congress was given the power to make 
provision for citizen-soldiers as follows : — 

Section 8, Clause 15. To provide for calling forth the 
militia to execute the laws of the U 7 iion^ stippress msurrec- 
tions and repel invasions. 

Clause 16. To pi'ovide for oiganizmg, annmg and dis- 
ciplming the militia^ and for governing such part of the^n as 
may be employed in the service of the U^iited States, reser'v- 
ing to the States respectively the appomtment of the officei's, 
a 7 id the authority of training the militia according to the 
discipline presc 7 'ibed by Congress. 

Number of the Militia. — All able-bodied male citizens 
of the United States and males between eighteen and 
forty-five years of age who have declared their intention to 
become citizens are regarded as the militia force of the 
country. ,As a matter of fact, there are at present only 

and authorized by acts of Congress, has increased to four times what it was at 
the beginning of the war with Spain. 


OTHER GENERAL POWERS OF CONGRESS. 107 


about 100,000 men enrolled in this service. But in the 
case of an emergency the President may compel the gov¬ 
ernors of the various States to furnish the troops needed. 
The militia may thus be called into service, under their 
own State officers, for a period of nine months. The War 
of 1812 and the Civil War furnish the best illustrations of 
the enforcement of this provision. 

Volunteers of i8g8. — We should note here the manner in which 
men were secured for the war against Spain. We see, according to 
Clause 15, that the militia may be called out only for the purposes of 
executing the laws of the Union, suppressing insurrections, and repelling 
invasions. Now, in the case given, the war was to be conducted in 
foreign territory, and President McKinley called for 200,000 volunteers. 
It was understood, however, that preference would be given to those 
volunteers who were already members of the organized militia. 

V. Location of the Capital. 

Section 8, Clause 17. Congress shall have the power to 
exercise exclusive legislation m all cases whatsoever over 
such district {not exceedmg ten miles square) as may, by ces¬ 
sion of partictUar States and the acceptance of Congress, 
become the seat of the governme 7 it of the United States, and 
to exercise like authority over all places ptirchased by the 
conse7it of the legislature of the State in which the same 
shall be, for the erectio 7 t of forts, magazmes, arse 7 ials, dock¬ 
yards, arid other needful buildings. 

One of the most interesting contests in American history 
arose in the selection of a site for the capital city. Con¬ 
gress finally accepted, for this purpose, one hundred square 
miles of land on the Potomac River, which was ceded by 
Maryland and Virginia. The thirty square miles given 


I 08 THE NATIONAL GOVERNMENT. 

by Virginia were afterward returned to that State. The 
capital was to be in New York until 1790, then in Phila¬ 
delphia until 1800. In 1800 it was transferred to the new 
district, called the District of Columbia. ^ 

VI. Implied Powers. 

Strict and Loose Construction. — Our national develop¬ 
ment has been, in large measure, dependent on the inter¬ 
pretation of the next clause of the Constitution. It is often 
called the elastic clause. 

Section 8, Clause 18. To make all laws which shall be 
necessary a 7 id proper for carrying into execution the foregoing 
powers and all other powers vested by this Constitution hi the 
government of the United States or in any department or 
officer thereof. 

Briefly stated, the problem has always been. Has Con¬ 
gress the right to exercise powers not definitely granted by 
the Constitution } Alexander Hamilton first set forth the 
doctrine of hnplied powers. He urged that Congress 
might, in carrying out specific powers, use methods not 
expressly provided for in the Constitution, as in the creation 
of a bank or a mint. Since the time of this interpretation, 
which, fortunately for American interests, was sanctioned 
by Washington and later by the Supreme Court through 
its great Chief Justice John Marshall, the advocates of the 
doctrines of strict and loose construction have contended 
for their principles. Does the Constitution permit the ac¬ 
quisition of territory.? May Congress establish a protec¬ 
tive tariff, or a system of internal improvements ? We 

1 For the government of this district, see “ Government in State and Nation,” 
p. 239. 


OTHER GENERAL POWERS OF CONGRESS. 


109 


have here but three of the great questions which have led 
to a definition of these opposing views. Speaking in 
general terms, the party in power has favored loose con¬ 
struction, while the party out of power has advocated 
strict construction. Said Mr. Bryce, “ The Americans 
have more than once bent their Constitution in order that 
they might not be forced to break it.” ^ 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What are star routes? James and Sanford, Government in State 

and Nation, 229. 

2. Should postal savings-banks be established? N. Am. Rev., 172: 

551 - 554 - 

3. Should there be a system of postal telegraphy? Cent. Mag., 

59 : 952-956; N. Am. Rev., 172: 554 - 556 . 

4. Extent and advantages of Rural Free Delivery, Rev. of R’s, 27 : 55- 

60. 

5. Perils of the Postal Service, N. Am. Rev., 172:420-430, 551-559. 

6. Defects in the Postal System, N. Am. Rev., 174 : 807-819 ; 175 : 115- 

127. 

7. Privateers and privateering. Government in State and Nation, 

204; Walker, The Making of the Nation, 231, 232. 

8. For the methods employed in the patent office and a comparison 

between our system and that of European nations, see Cent. 
Mag., 61 : 346-356. 

9. A good account of the reorganization of the army of the United 

States is given in the Atl. Mo., 89: 437-451. 

10. The Development of the United States Army, Scribner’s Mag., 

30:286-311, 446-462, 593-613- 

11. West Point after a Century, World’s Work, August, 1902, 

2433-2451- 

12. A Hundred Years of West Point, Outlook, 71: 591-601. 

13. Life at West Point, Rev. of R’s, 26: 45 - 53 - 

14. What was the character of our navy prior to 1883? Harrison, 

This Country of Ours, 251-255. 

1 Bryce, “ American Commonwealth,” I, 390. 


no 


THE NATIONAL GOVERNMENT. 


15. The New American Navy, Outlook, 73: 323-337. 

16. Comparison of the strength of our navy with that of other nations, 

Rev. of R’s, 25 : 561-570. 

17. What special problem was connected with the location of the 

capital? How was it finally settled? Hart, Contemporaries, 
III, 269-272; Schouler, I, 152-156; McMaster, I, 555-562; 
World’s Work, i: 191-195. 

18. The development of Washington during the past one hundred 

years is discussed in Rev. of R’s, 22; 675-686 ; Forum, 30:545- 
554; Outlook, 70:310, 311, 817-829; Cent. Mag., 63:621-628, 
724-756 ; Cosmop., 30 : 109-120. 

19. Proposed Improvements in Washington, Cent. Mag., 63:621- 

628, 747--759- 

20. For the influence of the doctrine of implied powers, see : — 

(a) Internal Improvements, Hart, Contemporaries, III, 436-440; 
Walker, The Making of the Nation, 204, 205, 262, 363 ; 
Hart, Formation of the Union, 227-229, 353-355. 

( 3 ) The United States Bank, Hart, Contemporaries, III, 446- 
450; Hart, Formation of the Union, 150-151, 226-227; 
Walker, The Making of the Nation, 82-83. 

(c) The annexation of territory. Hart, Contemporaries, III, 373- 

376 ; Walker, The Making of the Nation, 177-184 ; Hart, 
The Formation of the Union, 188. 

(d) Legal tender cases, Wilson, Division and Reunion, 280-281. 


CHAPTER XII. 


POWERS DENIED THE UNITED STATES AND THE 
SEVERAL STATES. 

While restrictions on Congressional powers are found 
elsewhere in the Constitution, Section 9 of Article I seems 
to have been framed especially for this purpose.^ 

Writ of Habeas Corpus. — Clause 2 provides : The privi- 
lege of the writ of habeas corpus shall not be suspended, 
tmless when in cases of rebellion or invasiony the public 
safety may require it. 

A writ of habeas corpus is a writ granted by a court, 
commanding an officer to produce before it a prisoner, in 
order that the court may inquire into the cause of his 
imprisonment or detention. If, after such inquiry, it is 
found that the person is detained for insufficient cause, he 
is granted his freedom. 

President Lincoln and the Writ of Habeas Corpus. — President 
Lincoln, as a military necessity, in 1861, suspended the privilege of the 
writ over a limited area, constituting a large part of the State of Mary¬ 
land. The Supreme Court, however, declared his order non-effective, 
maintaining that the right of suspending the writ of habeas corpus lay 
with Congress, though it might be granted to the President. This 
attempt on the part of the Supreme Court to restrain Mr. Lincoln was 
a feilure, and shows that even the highest of our tribunals may not have 

1 Clause I of this Article formed an important part of the third great com¬ 
promise which was discussed on p. 43. 


Ill 


II2 


THE NATIONAL GOVERNMENT. 


its usual power in time of war. It was not until March 3, 1863, that 
Congress made the decree of President Lincoln legal by authorizing him 
to suspend the writ whenever he believed the public safety demanded 
it. In September of that year he declared the suspension general 
throughout the country. 

Ex Post Facto Laws. — Clause 3. No bill of attainder 
or ex post facto laws shall be passed. 

An ex post facto law, as defined by the Supreme Court, 
is a “ law which renders an act punishable in a manner 
in which it was not punishable when it was committed.” 
It applies to acts of a criminal nature only.^ 

Care of Public Money. — Clause 7. No money shall be 
drawn from the treasury^ but in co 7 isequence of app 7 'opria- 
tio 7 is 7 nade by law ; and a regular stateme 7 it a 7 td accou 7 it of 
the receipts a 7 id expe 7 iditures of all public 77 ioHey shall be 
published from time to tmte. 

It is proper in a government such as ours that the 
control of the public money should be lodged with the 
representatives of the people. Through the annual report 
of the Secretary of the Treasury, the people may know 
from what sources our revenues are derived and for what 
purposes the money is expended. 

Titles of Nobility and Gifts. — Clause 8. No title of 
7 iobility shall be g 7 'a 7 tted by the United States; a7id 7to 
person holding a 7 ty office of profit or trust under the 77 t shall^ 
zvithout the consent of the Co 7 tgress, accept of a 7 iy presenty 
emolumenty officey or title of a 7 iy kmd whatever f 7 vm a 7 iy 
kingy prmcey or foreign state. 

According to the wording of the clause. Congress may 


^ Clause 4 is discussed under National Finances, p. 87. 


POWERS DENIED THE STATES. 


II3 

allow gifts, of the kind mentioned, to be accepted by our 
National officials. Usually, however, such gifts pass into 
the keeping of government. 

Powers denied the States. — We recall the power of the 
States and weakness of the general government under the 
Articles of Confederation. It was plain to the members 
of the Constitutional Convention that hopeless confusion 
would arise if the States should also be given the right 
to coin money, pass ex post facto laws, etc. Therefore, 
certain prohibitions were made on the powers of the States. 
In Section 10, Clause i, we note that these prohibitions are 
absolute, as: — 

No State shall enter mto any treaty^ alliance or confed¬ 
eration ; grant letters of marqtte and reprisal, coin money, 
emit bills of credit; make a7iything but gold a7id silver coin 
a tender in payment of debts ; pass any bill of attamder, 
ex post facto law, or law impairing the obligatioji of con- 
U'acts, or grant any title of nobility} 

In Section 10, Clauses 2 and 3, the prohibitions are only 
conditional; thus : — 

No State shall, without the consent of the Congress, lay 
any impost or duties on hnpo7'ts or exp07'ts except what 
may be absolutely necessary for executing its hispection 
laws; and the net produce of all duties and hjiposts laid by 
any State on imports or exports, shall be for the tise of the 
treasury of the United States ; and all such laws shall be 
subject to the revision and control of the Congress. 

1 In the celobrated Dartmouth College case, it was finally determined that a 
State legislature may not modify the terms of a contract. See Life of John 
Marshall, by Magruder, “American Statesmen,” new ed., 188-190. 


I 


114 THE NATIONAL GOVERNMENT. 

No State shall, without the consent of Congress, lay any 
duty of tonnage, keep troops or ships of war in time of 
peace, enter into any agreement or compact with another 
State or with a foreign power, or engage in war, unless 
actually invaded or in such imminent danger as will not 
admit of delay. 

More Complete Protection of Personal Rights. — By a 
careful reading of Sections 9 and 10, it is seen that some 
of the rights of the individual are guarded against encroach¬ 
ment on the part of government, either National or State. 
But the people felt that there were other personal rights 
which needed protection. They were familiar with the 
Bills of Rights in their own State constitutions. That 
the National Constitution did not also contain a Bill of 
Rights was, as we have seen, one of the chief arguments 
made against its adoption in the State conventions.^ 

The First Ten Amendments. —A large number of prop¬ 
ositions, therefore, were submitted to the first Congress 
by the States. Seventeen of these were selected by the 
House of Representatives, and proposed as amendments 
to the Constitution. Twelve of these were acceptable to 
the Senate also, and ten were ratified by the required three- 
fourths of the State Legislatures. We call them the first 
ten amendments to the Constitution. If we read these 
amendments, we shall find that really they are a Bill of 
Rights, for the preservation or protection of rights of the 
people is expressed in all.^ 


1 See p. 45. 


2 See Appendix A. 


CHAPTER XIII. 


THE EXECUTIVE DEPARTMENT. 

The President and his Election. — We have seen that 
the one great weakness of the government under the Con¬ 
federation was that there existed no adequate executive. 
After much discussion in the Convention, the fear of a 
despot at the head of affairs gave place to the desire to 
secure executive energy and responsibility. To-day, the 
President is the most notable personage among all our 
officials. Mr. Bryce calls the Presidential office the great¬ 
est office in the world unless we except the papacy. In 
the Executive Department, the President’s power is prac¬ 
tically absolute. He may appoint and remove, either 
directly or indirectly, all officials of the department, and 
they are finally responsible to him in the performance of 
their duties. His control of international relations and 
his influence on legislation are, as we shall see, extensive. 

Length of Term.— Article II, Section i. Clause i. The 
executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term 
of four years y andy together with the Vice-Presidenty chosen 
for the same termy be elected as follows: — 

Method of Election. — How shall the President be 
chosen } This problem is said to have taken one-seventh 

115 


THE NATIONAL GOVERNMENT. 


116 

of the entire time of the Convention. While there were 
those who believed that election by the people would be 
wise, still this sentiment was not general. It was thought 
that a choice in this way would cause great “ tumult and 
disorder.” Besides,^ it was urged that the people would 
not be sufficiently acquainted with the men who have the 
necessary qualifications for such high office. For a special 
investigation of this sort, they agreed that it would be best 
to select a small number of persons who would be most 
likely to possess the required information and discernment. 
The appointment of these independent electors was pro¬ 
vided for as follows : — 

Appointment of Electors. — Section i. Clause 2. Each 
State shall appoint, in such maimer as the legislature thereof 
may direct, a number of electors equal to the whole number 
of senators and representatives to which the State may be 
entitled in the Congress; but no senator or representative 
or person holding an office of tries t or profit under the United 
States, shall be appointed an elector. 

Article II, Section i. Clause 3. The Congress may 
determine the time of choosing the electors, and the day on 
which they shall give their votes, which day shall be the 
same throughout the United States. 

At present, the appointment of electors is a necessary 
but a comparatively unimportant step in the election of a 
President. 

The real power exists in the National conventions of the 
great political parties. Instead of exercising the right of 
free choice, as they were originally expected to do, the 
electors are really bound to vote for candidates nominated 


THE EXECUTIVE DEPARTMENT. 


II7 


in these conventions. Let us, consider, then, some of 
the chief points in the history and practical working of 
National conventions. 

Early Methods of Nominating. — Like the development of other 
political usages, the method of nominating a President passed through 
several stages before the present plan of nominating conventions was 
reached. No nominations were made in the first two Presidential elec¬ 
tions. In 1796, Washington having refused to be a candidate for a 
third term, party managers in Congress agreed informally on Adams 
and Jefferson as the candidates of the Federalist and the Republican 
parties respectively. A caucus of Federalist Congressmen, in 1800, 
nominated Adams and Pinckney, and a caucus of Republican Congress¬ 
men nominated Jefferson and Burr, for the offices of President and 
Vice-President. The Republican members of Congress continued to 
hold a regular caucus and thus to direct the votes of the party electors 
until 1824. In that year William H. Crawford, the last Congressional 
nominee, was defeated. There was opposition to the Congressional 
caucus from the beginning, for such a method was regarded as undemo¬ 
cratic. In 1824 and 1828 the several State Legislatures put forward 
their favorites for the office of President. 

Development of National Conventions. — As early as 1812, De Witt 
Clinton was nominated as the candidate of the Federalists in a conven¬ 
tion held in New York City, made up of seventy delegates, who repre¬ 
sented eleven States. But the National nominating convention, as we 
know it, was used for the first time by the Anti-Masonic party, which 
selected William Wirt for its candidate in 1831. This method was 
followed in the same year by the National Republican party, which 
nominated Henry Clay. The National convention of the Democratic 
party in 1832 nominated Andrew Jackson, who had already been nomi¬ 
nated by many local conventions and State Legislatures. Many years 
elapsed before the present complex organization was reached, but since 
1836, with the single exception of the Whig party in that year, parties 
have regarded the National convention as an essential factor in electing 
President and Vice-President. 

Election of Delegates to the National Conventions. — The 
National conventions of the Republican and the Demo- 


Il8 THE NATIONAL GOVERNMENT. 

cratic parties are made up of twice as many delegates from 
the different States as these States have representatives 
and senators in Congress. Delegates are chosen by con¬ 
ventions in the various States in April or May of the Presi¬ 
dential election year. According to the usual method, two 
delegates are selected for each of the Congressional dis¬ 
tricts by the district conventions of each party, and four 
delegates at large are chosen by the State conventions. 
In some States, all the delegates of a party are selected in 
the State convention. The Republican National conven¬ 
tion also admits to full membership two delegates from 
each Territory and one from the District of Columbia. 

The National convention is held in some leading city 
during the month of June or July of the year in which a 
President is to be elected. A few days before the time 
set for the convention, the delegates, together with many 
thousands of politicians and sight-seers, flock to that city. 
Headquarters are established and delegates are inter¬ 
viewed on behalf of the different candidates. On the day 
appointed, the convention is called to order by the chair¬ 
man of the National committee, under whose auspices the 
convention is to be held. A temporary chairman is elected, 
and clerks and secretaries are appointed. Committees are 
also appointed, the most important being those on creden¬ 
tials and on resolutions. Each State delegation selects one 
of its members for each of the committees. In the next 
session, a permanent chairman is usually selected, and the 
committee on resolutions presents its report, which sets 
forth the platform embodying party doctrines and prin¬ 
ciples. Nominations are then in order. The roll of 
States is called, and the various delegations place before 


THE EXECUTIVE DEPARTMENT. 119 

the convention the favorite of their State. A State often 
waives its privilege in behalf of some other State which 
has a candidate to present. Again the clerk calls the roll 
of the States, and each chairman of a delegation announces 
the votes from his State. In the Republican convention, 
a majority of the number of delegates voting is sufficient 
to nominate; but no nomination is possible in the Demo¬ 
cratic convention except by a vote of two-thirds of the 
delegates. Then follows the selection of a candidate for 
Vice-President. In this choice, the attempt is made to 
secure some man who will add strength to the party, and 
who comes from a different section of the country from 
that represented by the candidate for the Presidency. He 
may, as in the cases of Tyler and Johnson, represent a 
faction of the party that is not in entire agreement with 
the majority. 

The National Committee. — A National committee is also appointed, 
made up of one member from each State, who is nominated by the 
State delegation. The wishes of the Presidential candidate are of in¬ 
fluence in the choice of the chairman, who need not be a member of the 
convention. The committee occupies a position of great importance, 
for by it the platform of the party is largely determined. We have 
here a body of men not mentioned by the Constitution, but exerting 
vastly greater influence upon the election of President than does the 
electoral college itself. It organizes the campaign, secures money, 
selects speakers, and sends out party literature. The committee looks 
after the interests of the party during the ensuing four years and issues 
the call for the next National convention. 

Election of Electors. — We are now ready to consider 
the place of the electors in the choice of a President. The 
nominations of candidates for the office of elector are 
usually made at the State conventions of the different par- 


120 


THE NATIONAL GOVERNMENT. 


ties when State tickets are nominated. These occur, ordi¬ 
narily, in August or September preceding the November 
election. Each political party nominates as many electors 
as the State has senators and representatives in Congress. 
The names of the electors are then placed on the general 
party ticket, on which appear also the names of the candi¬ 
dates for President and Vice-President; each person then 
votes for the entire number of electors to which his State 
is entitled, and will naturally vote for all the electors on 
his party ticket. The political party, therefore, which 
receives the majority of votes in a State secures all the 
electoral votes of that State.^ 

Vacancies in the Of&ces of Electors. — Congress enacted in 1845 
each State might provide, by law, for the filling of vacancies in the 
electoral college, and that if any State failed to choose electors on the 
regular day, that they might be appointed on a later day in such manner 
as the State might, by law, direct. Nearly all of the State legislatures 
have conferred on the college itself the power of filling vacancies. 

Function of Electors. — The steps prescribed by the 
Constitution must still be followed, although we know, 
long before the electors cast their votes, who the next 
President will be. The actual function of the electors is 
given in Amendment XII, as follows: — 

T/ie electors shall meet in their respective States and vote 
hy ballot for President and Vice-President^ one of zvhom, at 

1 It has sometimes happened, however, when the election in a State has 
been close, that one or more of the electors on a minority ticket have run 
ahead of the other candidates on that ticket, and have secured a larger num¬ 
ber of votes than candidates on the majority ticket, thus obtaining an election. 
California, in 1892, gave one electoral vote to Mr. Harrison and eight to 
Mr. Cleveland, and again, in 1896, gave eight votes to Mr. McKinley and one 
to Mr. Bryan. Kentucky, in 1896, cast twelve votes for Mr. McKinley and 
one for Mr. Bryan. 


THE EXECUTiVE DEPARTMENT. 


I2I 


leasty shall 7tot be an inhabitant of the same State with 
themselves ; they shall na^ne in their ballots the person voted 
for as President^ and in distmct ballots the person voted for 
as Vice-President; and they shall 77iake distinct lists of all 
persons voted for as Presidenty and of all persons voted for 
as Vice-P residenty and of the 7mmber of votes for eachy which 
lists they shall sig7iy a7id certifyy and trans77iity sealedy to the 
seat of gover7tme7it of the United StateSy dh'ected to the 
Preside7it of the Se7iate; — the Preside7it of the Senate 
shally m the prese7tce of the Senate and House of Represen¬ 
tatives y open all the certificatesy and the votes shall then be 
counted; — the person having the greatest niimber of votes 
for Preside7it shall be the Preside7ity if such 7iumber be a 
majority of the whole 7iu77iber of electors appointed; a7td if 
no perso7t have such majorityy theUy fro7n the persons having 
the highest 7iU7nberSy not exceedmg threey on the list of those 
voted for as Presidenty the House of Representatives shall 
choose immediatelyy by balloty the President. Butm choosing 
the Preside 7 tty the votes shall be taken by StateSy the repre- 
sentatio 7 i from each State havmg 07ie vote; a quoru7n for 
this purpose shall co 7 isist of a 7nember or i7tembers fivm two 
thirds of the Statesy a7id a majority of the States shall be 
fiecessary to a choice. And if the House of Rep7^esentatives 
shall not choose a Presidenty whenever the right to choose 
shall devolve upon tlmn, before the fourth day of March next 
followmgy then the Vice-Preside7tt shall act as Presidenty as 
in the case of the death or other co7istitutio7ial disability of 
the President. — The person having the greatest 7iu77tber of 
votes as Vice-President shall be the Vice-Preside7ity if such 
number be a majority of the whole number of Electors ap¬ 
pointed; and if no person have a majorityy then, from the 


122 


THE NATIONAL GOVERNMENT. 


two highest numbers on the listy the Senate shall choose the 
Vice-President; a quorum for the purpose shall consist of 
two-thirds of the whole number of senatorsy and a majority 
of the whole number shall be necessary to a choice. But no 
person cotistitutionally ineligible to the office of President 
shall be eligible to that of Vice-Preside?it of the United 
States. 

Voting of the Electors. — The formal election of Presi¬ 
dent takes place on the second Monday in January, when 
the electors meet at their various State capitals and cast 
their votes. Separate ballots are given for Vice-President. 
Three separate sealed lists of the results are then prepared. 
Two of these are sent to the President of the Senate, one by 
mail and the other by special messenger. The third is de¬ 
posited with the United States District Judge of the district 
in which the electors meet. On the second Wednesday in 
February the votes are opened by the President of the 
Senate, in the presence of the Senate and the House of 
Representatives, and counted. That person having a ma¬ 
jority of . the electoral votes cast for President is declared 
to be duly elected. The one who has a majority of the 
electoral votes cast for Vice-President is also elected to 
that office. 

Election of President by the House of Representatives. — In case no 
Presidential candidate receives a majority of the electoral votes, the 
election goes to the House of Representatives, as is provided in the 
amendment we are considering. Here the three candidates having 
the highest number of votes are alone considered. The voting is by 
States. In 1825 John Quincy Adams was elected President in this 
way. He had fewer popular and fewer electoral votes than Andrew 
Jackson, but he received the votes of thirteen out of twenty-four States 
in the House. 


THE EXECUTIVE DEPARTMENT. 


123 


Choii'e of Vice-President by the Senate. — The Senate is called on 
to select the Vice-President in case no candidate has received a major¬ 
ity of the electoral votes. The two candidates having the highest num¬ 
ber of votes are considered. The only instance of the election of a 
Vice-President in this way occurred in 1837. 

Disputed Returns, Election of 1876. — Disputes have arisen, from 
time to time, over some of the returns of the electoral votes. The most 
notable contest was that over the returns from Florida, Louisiana, 
South Carolina, and Oregon, in 1877. If the twenty-one electoral 
votes from these States should be counted for the Republican candidates, 
they would be elected. Should just one of those votes be given to the 
Democratic nominees, the Republicans would lose the election. Now 
the Senate at this time was Republican, and the House Democratic, 
and therefore no satisfactory adjustment could be reached, because of 
party prejudices. The excitement throughout the country was finally 
relieved by the agreement on the part of both houses to refer the 
decision to an “ Electoral Commission.” 

This Commission consisted of five Judges of the Supreme Court, five 
Representatives, and five Senators. After examining the returns, the 
commission decided, March 2, 1877, by a vote of eight to seven, that 
Hayes and Wheeler, the Republican candidates, had received the 
twenty-one votes in dispute, thus giving them one hundred and eighty- 
five electoral votes, and that Tilden and Hendricks, the Democratic 
candidates, had received one hundred and eighty-four electoral votes. 

In consequence of the grave problem which arose in 1877, Congress 
passed an act February 3, 1887, which provides that any contest in the 
choice of electors in a State must be decided by the State authorities 
under the laws of the State. 

The Original Method of choosing the President.— Because Presi¬ 
dents Washington, Adams, and Jefferson for his first term, were chosen 
by the plan given in the original clause, let us notice, briefly, the method 
used at that time, and especially the reasons for the change to the 
present plan. 

Section i. Clause 2. The Electors shall meet m their respective States, 
a 7 id vote by ballot for two persons, one of whom, at least, shall not be an 
inhabitant of the sa7ne State with the77iselves. A7id they shall 77iake a list 
of all the persons voted for, a7id of the nu77iber of votes for each ; which 
list they sig7i a7id certify, a7id tra7is77iit, sealed, to the seat of the govern- 


124 


THE NATIONAL GOVERNMENT. 


vieni of the United States, directed to the President of the Senate. The 
President of the Senate shall, in the presence of the Senate and House 
of Represe 7 itatives, open all the certificates, and the votes shall theft be 
counted. The person then havitig the greatest tiumber of votes shall be 
President, if such tiutnber be a ttiajority of the whole tiumber of 
Electors appointed', atid if there be more than one who have such a 
majority, atid have an eqtial nutnber of votes, then the House of Rep¬ 
resentatives shall vnfnediately choose, by ballot, otie of thetn for Presi¬ 
dent ; and if no persoti have a tnajority, then, frotn the five highest on 
the list, the said House shall, in like fuafiner, choose the Presidejit. But 
m choosing the Preside?it, the votes shall be taken by States, the repre- 
setitation fro7n each State having one vote; a quorum for this purpose 
shall cofisist of a fne^nber or fnefnbers front two-thirds of the States, and 
a fuajority of all the States be ttecessary to a choice. In every case, 
after the choice of the Presidetit, the person having the greatest nuttiber 
of votes of the Electors shall be the Vice-President. But if there should 
retnain two or more who have equal votes, the Setiate shall choose from 
them, by ballot, the Vice-President. 

According to this clause, we note that the electors voted for two 
persons without stating which was to be President and which Vice- 
President. In the official count, the candidate receiving the highest 
number of votes, provided it was a majority of the whole number of 
the electoral votes, became President, and the one receiving the next 
highest became Vice-President. 

Election of 1796. — In the election of 1796, John Adams, who 
received the highest number, seventy-one, out of one hundred and 
thirty-two electoral votes, was elected President. Thomas Jefferson, 
his opponent, became Vice-President, having received sixty-eight votes, 
or the next highest number. Thus there were elected a President of 
one party and a Vice-President of the opposing party. 

Election of 1800. — The election of 1800 also showed the plan to be 
impracticable. At this time, the Democratic-Republican party was 
determined to have Mr. Jefferson for President and Aaron Burr for 
Vice-President. They both received seventy-three votes, a majority of 
all the votes. But since the number was equal, it devolved upon the 
House of Representatives to determine whether Jefferson or Burr should 
be President. For seven days the house was in continuous session, 
and civil war threatened. On the thirty-sixth ballot, however, Jefferson 
received the votes of ten States out of sixteen, and was elected. 


THE EXECUTIVE DEPARTMENT. 


125 


In order to prevent a recurrence of the conditions which obtained in 
1796, or of the dangers incident to a contest like that of 1800, the 
twelfth Amendment was proposed by Congress, and, after ratification, 
was declared in force September 25, 1804. This provides, as we have 
seen, that the electoral votes must be cast separately for President and 
Vice-President. 

The Presidential Term. — Shall the President hold office for a term 
of three years, of seven years, or during good behavior ? These were 
questions of great interest in the Constitutional Convention. A term of 
seven years with no reelection was agreed upon, but toward the end of 
the Convention the clause as given was adopted. 

Reelection of a President. — The Constitution does not limit the 
number of terms for which a President may be chosen, but the “ third 
term tradition ” has now made it practically impossible for the same 
man to be elected for more than two terms. This custom was inaugu¬ 
rated by the refusal of President Washington to accept a third term. 
President Jefferson was also urged to stand for a third term, but he, too, 
preferred to retire to private life as Washington had done. The 
adherents of General Grant strove to break down this precedent in 1880, 
but their defeat seems to have established the tradition more firmly as 
a rule. 

A Longer Term. — It is frequently urged that the Constitution should 
be amended in such a manner as to provide for a term of six 
or seven years for the President, with no reelection. Among the 
reasons for this change are the following: (i) a new President has 
most of his time, for months, at the beginning of his term, consumed 
in hearing the claims of applicants for office, and in making appoint¬ 
ments ; (2) there is danger that he may be influenced in his official 
acticms through desire to secure a second term; (3) the commercial 
depression that usually exists during a campaign would thus come less 
frequently. These arguments may be used in opposition to such a 
change : (i) in the case of an inefficient President, the short term is to 

be preferred; (2) the Presidential campaign is of value, in that the 
attention of Americans generally is for a time fixed on the problems 
connected with the conduct of our government. It furnishes the op¬ 
portunity for imparting to our citizens many lessons in their political 
education. 


126 


THE NATIONAL GOVERNMENT. 


Qualifications for President and Vice-President. — The 
qualifications for President and Vice-President are natu¬ 
rally the same, and are as follows: — 

Section i, Clause 4. No perso 7 t^ except a 7 iatural-born citi¬ 
zen^ or a citizeji of the U^iited States at the thne of the 
adoption of this Constitution^ shall be eligible to the office of 
Preside 7 it; neither shall aJiy perso 7 i be eligible to that office 
who shall not have attamed to the age of thirty-five years^ 
and bee7i fourteen years a resident within the United States. 

Vacancies. — The chief reason for creating the office of 
Vice-President seems to have been to provide for the 
emergency of a vacancy in the Presidency. 

Section i, Clause 5. In case of the removal of the Pi'esu 
dent from office or of his deaths resig 7 iation^ or inability to 
discharge the powers a 7 id duties of the said office^ the sa 77 ie 
shall devolve 07 i the Vice-Preside 7 it^ a 7 id the Co 7 ig 7 'ess 7 nayy 
by law, provide for the case of 7 'e 77 toval, death, resignatio 7 t, 
or mability both of the Preside 7 it a 7 id Vice-Preside 7 it, de- 
clarmg what officer shall tJmi act as Preside 7 it, a 7 td such 
officer shall act accordhigly, 7 i 7 itil the disability be 7 'e 7 noved, 
or a President shall be elected. 

Presidential Succession.—In 1886, Congress provided 
that in case of the death, resignation, or disability^ of both 
President and Vice-President, the succession should be in 
the following order: Secretary of State, Secretary of the 

1 What constitutes disability has not been settled. President Garfield per¬ 
formed only the single executive act of signing an extradition paper, from 
July 2 to September 19, 1881. The fact of his inability to discharge the 
duties of President v^as not formally established. Nor was there declared 
disability in the case of President McKinley, between September 6 and the 
day of his death, September 14, 1901. 


THE EXECUTIVE DEPARTMENT. 


127 


Treasury, Secretary of War, Attorney-General, Postmaster- 
General, Secretary of the Navy, Secretary of the Interior. 
The Secretary of Agriculture was added in 1889. 

Should a cabinet officer become President, through this 
succession, he would hold the office for the unexpired 
term. 

Salary of the President.—Section i. Clause 6. The Presi¬ 
dent shally at stated times^ receive for his services a compen¬ 
sation. which shall neither be increased nor diminished 
during the period for which he may have been elected, and 
he shall not receive within that period any other emolu¬ 
ment from the United States or any of them. 

In 1873 the salary of the President was changed from 
$2^,000 to ;^5o,ooo a year. The custom has been estab¬ 
lished that no President shall receive a gift from any 
civil body, such as a city council, a State Legislature, or a 
foreign state. In addition to his salary, the President is 
provided with an “executive mansion,” the “White House,” 
which is furnished at the expense of the government. The 
Vice-President receives ^8000 annually. 

Salaries of Foreign Rulers. — The salary paid our President is 
small when we compare it with the grants made to European rulers. 
In 1901 the English government voted some $4,000,000 for the annual 
use of the royal household. The Czar of Russia receives $6,500,000 
annually, in addition to revenues derived from 1,000,000 square miles 
of crown domains. The President of France receives $23 r,600 annually. 

Inauguration Day. — One of the most notable of our 
civic festivals occurs on the fourth of March ^ after the 

^ It is frequently urged, with good reason, that this date should be changed 
to a time of year when the weather in Washington would be more favorable. 
An amendment, recently sanctioned by the Senate, provides that the date for 


128 


THE NATIONAL GOVERNMENT. 


Presidential election. Then, thousands of people go to 
Washington to witness the inaugural exercises, by which 
the President and Vice-President are formally invested with 
their offices. The Constitution provides that the President 
shall take the following oath of office before entering- on 
his duties: — 

Section i. Clause 7. I do solemjily swear {or affirm) that 
I will faithfully execute the office of President of the United 
States^ and will to the best of my ability preserve^ protect, 
and defend the Constitutioji of the United States. 

It has been established, by custom, that the oath shall be 
administered by the Chief Justice of the United States, at 
the east front of the Capitol. After taking the oath, the 
President gives his inaugural address, which outlines the 
policy he purposes to carry out. Immediately after his 
inauguration, unless it be his second term, he calls the 
Senate together, and places before it his nominations for 
members of the cabinet, and for such other important 
offices as he may desire to make. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Which of the Presidents have served two terms? How was their 

election for a second term to be accounted for ? 

2. The method of calling national political conventions. When 

held ? Questions considered. Make a study of the last con- 
veation. Cosmop., 29 : 194-200 ; Scribner’s Mag., 27 : 643-656. 

3. Under what conditions was the first platform of a national conven¬ 

tion agreed upon ? Wilson, Division and Reunion, 63. 

4. For the work of the national committee, see Rev. of R’s, 22: 

549-556; 556-563. 

the inauguration shall be the last Thursday of April. The chief objection to 
this change seems to be the further extension of time between the election 
and the assuming of duties. 


THE EXECUTIVE DEPARTMENT. 


129 


5. The power of the chairman of the National committee is discussed 

in Atl. Mo., 89: 76-81. 

6. What was the probable origin of the system of electing the Presi¬ 

dent by electors ? Harrison, This Country of Ours, 78; Fiske, 
Critical Period of American History, 66, 280-289. 

7. For the methods which have been used in electing a President, 

see N. Am. Rev., 171: 273-280. 

8. Should the President be elected by direct popular vote ? N. Am. 

Rev., 171: 273-280; 281-288; Scribner’s Mag., 27; 643-656. 

9. For some of the problems connected with the electoral colleges in 

the history of elections, see Rev. of R’s, 23 : 66-69. 

10. What is the method used in counting the electoral votes? Edmund 

Alton, Among the Lawmakers, 88-89. 

11. Do you agree with Mr. Bryce that the tendency is to select for 

President men who have not been prominent ? Bryce, Ameri¬ 
can Commonwealth, I, chap. 8. 

12. Was the present President notable before his election ? In what 

ways ? 

13. What were the chief causes for the success of his party ? 

14. How many electoral votes were required for election ? He received 

how many ? Did he receive a majority of the popular votes ? 
Election of 1900, Rev. of R’s, 22 : 673-674 ; 655-658, 

15. How many electors were there from your State ? For whom did 

they vote ? How is this majority in your State to be accounted 
for ? Rev. of R’s, 22: 673-674, 655-658, 664. 

16. Would successful governors make good candidates for President? 

In what particulars do the offices resemble each other ? Would 
you favor making the governor of your State President ? Wil¬ 
son, Congressional Government, 253, 254. 

17. Why was the election of John Quincy Adams of especial interest ? 

What results followed ? Burgess, The Middle Period, 140- 
141 ; Wilson, Division and Reunion, 18. 

18. State the chief points connected with the “ disputed election ” of 

1876. Wilson, Division and Reunion, 283-286; Johnston, Ameri¬ 
can Politics, 233-237 ; Cent. Mag., 62 : 923 - 934 * 

19. Give the names of the Presidents who have died in office. B> 

whom were they succeeded ? 

20. What was the order of succession to the Presidency before 1886 ? 

K 


130 


THE NATIONAL GOVERNMENT. 


Why was the change made.^ James and Sanford, Government 
in State and Nation, 266. 

21. What is a “minority” President.^ Government in State and 

Nation, 264. 

22. An interesting account of the White House, Outlook, 70: 287- 

299. 

23. Inauguration events of 1901, Rev. of R’s, 23 : 405, 406 ; Out¬ 

look, 67: 555, 556. 

24. Incidents of Presidential inaugurations. World’s Work, i: 477- 

479 - 

25. For other questions and references on the chapter, see Govern¬ 

ment in State and Nation, 255-257, 269, 270. 


CHAPTER XIV. 


POWERS AND DUTIES OF THE PRESIDENT. 

Military Powers of the President. — An eminent histo¬ 
rian/ writing recently of the power exercised by President 
Lincoln in time of war, said, “ It is an interesting fact, 
that the ruler of a republic which sprang from a resistance 
to the English king and Parliament should exercise more 
arbitrary power than any Englishman since Oliver Crom¬ 
well, and that many of his acts should be worthy of a 
Tudor.” 

President Lincoln, it is true, exercised powers which, 
if attempted by a weaker man, or at another time, rpight 
have proved dangerous to the liberties of the people.^ This 
he did through his interpretation of Clause i. Section 2. 

The Preside 7 tt shall be commander-in-chief of the army 
and navy of the United States, and of the militia of the 
several States when called into the actual service of the 
United States ; he may require the opinion, in writing, of 
the principal officer in each of the executive departments, 
tipon any subject relating to the duties of their respective 
offices, and he shall have power to grant reprieves and par- 
dons for offences against the United States, except in cases 
of impeachment. 

1 James Ford Rhodes, Scribner's Magazine, February, 1903. 

2 For the suspension of the privilege of the writ of habeas corpus, see p. in. 

131 


132 


THE NATIONAL GOVERNMENT. 


Reprieves and Pardons. — The ordinary powers of the 
President are also important.^ One of the greatest is the 
power to grant reprieves and pardons. A reprieve is the 
temporary suspension of the execution of a sentence. By 
means of a reprieve, the President may gain time to look 
into the evidence more carefully. Complete release 
from a sentence is secured by a pardon.^ 

Treaty-making Power. — Section 2, Clause 2. He shall 
have poweVy by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the senators 
present concur. 

While the power to conclude treaties seems to be without 
restriction, it is implied that no treaty shall in any way 
interfere with the authority of the Constitution. The 
usual steps in the negotiation of treaties are as follows : 
(i) In time of peace they are conducted at the capital 
of the nation that begins the negotiation. If this is in 
Washington, the terms are considered by the Secretary of 
State and the minister of the other nation; if in a foreign 
capital, our minister acts under instructions sent him by 
the Secretary of State. At times, one or more special 
ministers are sent abroad for the purpose of negotiating a 
treaty. (2) In time of war, the minister of the nation with 
which we are at war leaves the United States. The 
interests of his nation are then intrusted to the minister of 
some neutral power, and through this minister negotiations 

^ For the power of the President over legislation by means of the veto, 
see pp. 80-81. 

2 President Harrison was called upon to consider 779 requests for pardon. 
Of these, 527 were granted, wholly or partially. President Cleveland acted 
on 907 such cases, and granted 506, in whole or in part. 


POWERS AND DUTIES OF THE PRESIDENT. 133 


for peace are usually begun. (3) The treaty of peace at 
the close of a war is generally negotiated in some neutral 
country by special commissioners appointed by the nations 
at war. 

In all cases, the President exercises general control 
over the negotiation and framings of treaties. After an 
agreement has been reached, the treaty is sent to the 
Senate. It is discussed in executive or secret session. 
This means that the treaty and all matters pertaining to it 
are kept secret until, by a resolution, the Senate allows the 
discussion to be made public. The Senate may approve, re¬ 
ject, or modify the terms. If amendments are made, they 
must be agreed to by the President and by the other nation 
interested. When a treaty has been finally approved by the 
officials of both countries, duplicate copies of it are made 
on parchment. Both of these copies are signed by the 
chief officers of each country, and the copies are then 
exchanged. This is called the “ exchange of ratification.” 
An official copy of the treaty is thus secured by each 
nation. The President then publishes the treaty accom¬ 
panied by a proclamation, in which it is declared to be a 
part of the law of the land. 

If the terms of a treaty call for the payment of money by the 
United States, the necessary amount can be appropriated only by an 
Act of Congress. The House of Representatives may refuse to give its 
sanction to such an appropriation, and may thus prevent the treaty 
going into effect. 

Power of Appointment. —When it is considered that the 
President has the nominal power of appointing over 200,000 
persons to office, we can readily see that this comprises 
one of his chief powers. His right to select office-holders 


34 


THE NATIONAL GOVERNMENT. 


is granted in Section 2, Clause 2. He shall nomi^iate^ 
and by and with the advice and consent of the Senate^ 
shall appoint Ambassadors^ other public ministers and 
Consuls^ Judges of the Supreme Courts and all other officers 
of the United States^ whose appointments are not herein 
otherwise provided for, and which shall be established by 
law; but the Congress may by law vest the appointment of 
such inferior officers, as they think proper, in the President 
alone, in the courts of law, or in the heads of departments. 

Vacancies. — Section 2, Clause 3. The President shall 
have power to fill up all vacancies that may happen 
during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

Presidential Appointments. — It would be quite impos¬ 
sible for the President, personally, to oversee all of these 
appointments, and so a large percentage of them is made 
by officials in the different departments. There are, 
besides the ambassadors, consuls, and judges of the 
Supreme Court, some 7000 so-called Presidential officers, 
whose appointments must receive the sanction of the 
Senate. More than one-half of these are postmasters of 
the first class.^ Among the most important of these 
officers are the Cabinet, interstate commerce commis¬ 
sioners, district attorneys, and all military and naval 
officers whose appointment is not otherwise ordered by 
law. 

Official Patronage. — In making his appointments, the President is 
largely dependent upon the advice of the head of that department un¬ 
der whose direction the officer will come, or upon the recommendation 
of the representatives and senators of his party from the State in which 

1 Those who receive an annual salary of ^1000 and above. 


POWERS AND DUTIES OF THE PRESIDENT. 


135 


the office is located. This official patronage, through which political 
assistants in a State may be rewarded with a Federal office, has become 
so burdensome that many Congressmen complain of it and desire to be 
freed from its exactions. 

Senatorial Courtesy. — There has grown up an almost invariable 
custom, known as senatorial courtesy. This demands that if the office 
to be filled is located in a State, the appointment be not confirmed un¬ 
less it receives the sanction of one or both of the senators of the State 
concerned, provided they are members of the same political party as 
the President. 

Action of the Senate on Nominations. — All of the nominations sent 
by the President to the Senate are submitted to appropriate commit¬ 
tees, as, postmasters to the Post Office Committee, ambassadors to the 
Committee on Foreign Affairs. The report of the committee is con¬ 
sidered in secret session, and the nomination is then voted on. If the 
vote is adverse, the President must make another nomination. 

The Spoils System. — During the first forty years of our 
government there were only seventy-four removals from 
office. The opinion was general that there were a large 
number of strictly non-political offices in the departments 
and elsewhere, the holders of which should be regarded as 
agents or clerks whose duty it was to assist in carrying 
on the business of government. Therefore the best results 
could be secured, it was believed, only as these positions 
should be filled by persons the most competent, who might 
hope to retain the office so long as they gave efficient ser¬ 
vice. But with the coming in of President Jackson the 
^‘spoils system” was introduced. This system, in prac¬ 
tice, provides that political workers belonging to a victorious 
party may, as far as possible, receive reward for their ser¬ 
vices in the shape of some office. “To the victors belong 
the spoils of the enemy ” is the familiar motto of those 
who have advocated this system. During the first year of 


13 ^ 


THE NATIONAL GOVERNMENT. 


President Jackson’s administration 2000 officials were de¬ 
prived of their offices, and friends of the administration 
were put in their positions. From that time there has 
been great pressure on every new President similarly to 
reward his followers. 

Civil Service Reform. — While the evils had been pointed 
out at various times, little was done to remedy the spoils 
system until Congress, in 1883, passed the Civil Service 
Law, known as the Pendleton Bill. It provides for a Civil 
Service Commission of three members, not more than two 
of whom may belong to the same political party. This 
commission gives competitive examinations, which are re¬ 
quired for testing the fitness of applicants for certain posi¬ 
tions in the public service. The number of offices originally 
included under the act was about 14,000. The President 
is given the power to direct the further extension of the 
“ classified service,” that is, those positions that are to be 
filled by persons who have passed the best examinations. 
In 1902 there were over 120,000 classified offices.^ While 
much has been accomplished, during the past twenty years, 
toward reforming civil service appointments, it is to be 
hoped that a large number of the unclassified offices 
will, at an early date, be placed on the list to be filled 
only after examination.^ The National government may 

1 Nineteenth Report of the United States Civil Service Commission, 1901- 
1902, p. 22. 

2 In 1902 there were 116,000 offices unclassified or excepted, some 72,000 
of which were fourth-class post offices. During the year 1901-1902, the 
civil service rules providing for competitive examinations were extended by 
order of the President or by Act of Congress so as to include the rural free 
delivery service, employees of the permanent census bureau, and additional 
employees made necessary because of the war with Spain. 


POWERS AND DUTIES OF THE PRESIDENT. 137 

thus further assist in the movement for like reforms already 
so well begun in some of our States and cities. 

Duties of the President. — Section 3. He shall^ fro7n 
time to time^ give to the Congress information of the state 
of the Union, and recommend to their consideration such 
measures as he shall judge necessary a 7 id expedient; he may, 
on extraordinary occasions, convene both houses, or either 
of them, and in case of disagreement between them, with 
respect to the time of adjournme^it, he may adjourn them to 
such time as he shall think proper; he shall receive Ambas- 
sadors a 7 id other public ^ninisters; he shall take care that 
the laws be faithfully executed, and shall commission all 
the officers of the United States. 

Presidential Messages. — By means of the annual mes¬ 
sage sent to Congress at the opening of the session, and 
special messages on particular occasions, the President is 
enabled to call attention to the legislative needs of the 
country. The plan of having a message read in each 
House by the clerk or secretary was introduced by Presi¬ 
dent Jefferson. Presidents Washington and Adams ad¬ 
dressed, in person. Congress assembled in joint session. 
Various reasons have been alleged for this change. Presi¬ 
dent Jefferson was a poor speaker, and it is said that he 
regarded the formal address as monarchical. 

Enforcement of the Laws. — The most important duty 
of the President is to see that all laws passed by Congress 
are faithfully executed. Laws are useless unless they are 
enforced, and it is chiefly for the performance of this task 
that the Executive was originally created. It is not con- 


138 


THE NATIONAL GOVERNMENT. 


templated that this duty shall be performed by him in 
person, but through officials who are directly responsible 
to him. The United States marshals and their deputies 
exercise a wide influence in seeing that the laws are en¬ 
forced. They usually act under an order from a United 
States court, but may, at times, act without such a writ. 
If necessary, the President may send the army and navy 
of the United States or call out the militia of the States to 
overcome any resistance to federal law. 

Each State possesses the power of enforcing its own laws and is of 
right protected in the exercise of this prerogative. In case of an insur¬ 
rection, however, the State militia is sent by order of the Governor to 
suppress it. Should they fail to restore order, the Legislature, or the 
executive (when the Legislature cannot be convened), applies to the 
President for military aid.^ If the uprising has interfered in any way 
with the carrying out of the laws of the nation, the President may, at 
his discretion, send troops to suppress it without having been asked to 
do so by the Legislature or the Governor. There was a notable illus¬ 
tration of this point during the time of the Chicago riots, in July, 1894. 

President Cleveland vs. The Governor of Illinois. — In addition to 
destroying property belonging to the railways centering in Chicago, the 
striking employees prevented the free movement of the trains. Mr. 
Altgeld, then Governor of Illinois, did not provide against these abuses, 
and President Cleveland ordered the United States troops under General 
Miles to suppress the rioting. The President, who was severely criti¬ 
cised by Mr. Altgeld, justified his sending the troops on the following 
grounds: (i) that the processes of the federal courts could not be 
executed; (2) that the transportation of the United States mails was 
obstructed; and (3) that the laws on interstate commerce were not 
enforced. 

The United States Supreme Court took the same position as Presi- 

1 Article IV, Section 4. The United States shall guarantee to every State 
in this Union a republican form of goveryiment^ and shall protect each of them 
against invasion ; and on application of the legislature^ or the executive (when 
the legislature cannot be convened'), against domestic violence. 


POWERS AND DUTIES OF THE PRESIDENT. 139 


dent Cleveland in a case which grew out of these riots. Mr. Justice 
Brewer, in delivering the opinion of the court, said: “We hold that the 
government of the United States is one having jurisdiction over every 
foot of soil within its territory and acting directly upon each citizen; 
that while it is a government of enumerated powers, it has within the 
limits of those powers all the attributes of sovereignty; that to it is com¬ 
mitted power over interstate commerce and the transmission of the 
mails, and that these powers have been assumed and put into practical 
exercise by the legislation of Congress.” 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What have been some of the most important treaties entered into 

on the part of the United States? 

2. For the treaty made at the close of the Spanish-American War, 

see Rev. of R’s, 18: 258, 371, 515, 631; 19 : ii, 261, 262, 266, 267. 

3. In what ways may a treaty be abrogated ? Harrison, This Country 

of Ours, 140, 141. 

4. May a President have many of the privileges of private life? 

Harrison, This Country of Ours, 177-180. 

5. What are some of the official cares of the President? Harrison, 

This Country of Ours, 162-177. 

6. The Overworked President, McClure’s Mag., 28:483-492; Rev. of 

R’s, 25 : 464-466. 

7. Secure a copy of the last report of the Civil Service Commission, 

and also Manual of Examinations for the Classified Service of 
the United States, and look up the following: — 

a. How many persons are included in the civil service of the 
United States ? 

h. What proportion of them is included in the classified 
service ? 

c. Does the law of 1883 seem to have brought about satis¬ 

factory results ? 

d. What offices have been included in the extensions of the 

Civil Service Law ? 

e. What is the nature of the questions asked in the exami¬ 

nations ? 

8 . The Fifteenth Annual Report of the Commission (pp. 443-485) 

contains an account of the appointments and removals by 


140 


THE NATIONAL GOVERNMENT. 


the various Presidents from 1789 to 1883. Also an account 
of the growth of civil service reform in the States and cities 
of the United States, pp. 489-502. 

9. May a man be fitted for political preferment and not be competent 
to pass an adequate examination ? 

10. For other articles on civil service reform, see {a) The Civil Ser¬ 

vice and the Merit System, Forum, 27 :705-712. {b) Some 

Popular Objections to Civil Service Reform, Atl. Mo., 65 ; 433- 
444; 671-678. (c) Roosevelt, An Object Lesson in Civil Ser¬ 
vice Reform, Atl. Mo., 67: 252-257. {d) George William Curtis 

and Civil Service Reform, Atl. Mo., 75:15-24. (<?) Rice, Im¬ 

provement of the Civil Service, N. Am. Rev., 161:601-611. 
(/) Roosevelt, Present Status of Civil Service Reform, Atl. 
Mo., 75:239-246. (g) Roosevelt, Six Years of Civil Service 

Reform, Scribner’s Mag., 18:238-247. (//) The purpose of 

Civil Service Reform, Forum, 30 : 608-619. 

11. What was the Tenure of Office Act of 1867? Why did it become 

of great importance? Is it still in force? Wilson, Division 
and Reunion, 267, 270-271, 297; Harrison, This Country of 
Ours, 101-103. 

12. What were the chief points discussed in the President’s last 

annual message ? 


CHAPTER XV. 


THE CABINET. 

Formation of Departments.—The Constitution nowhere 
mentions the President’s Cabinet. It was taken for 
granted, however, that departments similar to those found 
in the Cabinet would be formed. The Constitution declares 
that the President “ may require the opinions in writing of 
the heads of the executive departments,” and again, that 
“ Congress may vest the appointment of certain inferior 
officers in the heads of these departments.” 

In 1789 the first Congress created the Departments of 
State, War, and Treasury, also the office of Attorney- 
General. President Washington’s Cabinet consisted of 
the officials whom he appointed to fill these four positions. 
The Navy Department was added in 1798. While a Post- 
Office Department was established in 1794, the Postmaster- 
General was not made a member of the Cabinet until 1829. 
In 1849, the Interior Department was created by grouping 
under it certain duties which had belonged to other de¬ 
partments. The Department of Agriculture was made a 
Cabinet position in 1889. In 1903 the Department of 
Commerce and Labor was authorized by an act of Con¬ 
gress. Members of the Cabinet receive an annual salary 
of ^8000. 

The President and his Cabinet. — One of the first official 
acts of a President is to send to the Senate, for its 

141 


142 


THE NATIONAL GOVERNMENT. 


approval, the names of the men whom he desires shall 
constitute his Cabinet. This is now a mere formality. 
The President is himself the one most interested in the 
success of his administration and is of right given complete 
freedom in selecting his immediate advisers. While the 
views of the members of the Cabinet usually have weight 
with the President, he is not obliged to take their advice. 
Indeed, in some instances the President has carried out a 
line of action which was against the wishes of the secretary 
of the department affected. 

The Department of State. 

The Secretary of State. — The Secretary of State is 
commonly called the head of the Cabinet. He is first in 
rank at the Cabinet table, and occupies the seat of dignity 
at the right of the President. Under the direction of the 
President he conducts all negotiations relating to the for¬ 
eign affairs of the nation; carries on the correspondence 
with our representatives in other countries ; receives the 
representatives of foreign powers accredited to the United 
States, and presents them to the President. Through him, 
the President communicates with the executives of the 
different States. He has charge of the treaties made with 
foreign powers, and negotiates new ones. He has also in 
his keeping the laws of the United States and the great 
seal which he affixes to all executive proclamations, com¬ 
missions, and other official papers. 

The Diplomatic Bureau. —The United States, in common 
with other nations, sends representatives to the foreign 
capitals.’ They are the agents through whom the Secre- 


THE CABINET. 


143 


tary of State communicates and negotiates with other 
powers. Such affairs are conducted through the Diplo¬ 
matic Bureau. The United States has now about thirty-five 
ambassadors and ministers. Our representatives at the 
courts of England, France, Germany, Russia, Italy, Aus¬ 
tria, and Mexico are known as ambassadors. The am¬ 
bassadors to the first four countries receive a salary of 
17,500 each. 

The social demands made upon our Ambassadors are great, and they 
are also obliged to provide for their places of residence. The salaries 
paid are not sufficient to meet these necessary expenses, and are small in 
comparison Avith those paid by the European nations to officers of the 
same rank. Thus, the English Ambassador at Washington receives a 
salary of $32,500. Besides the English, the German, the Japanese, and 
some other nations have provided houses for their legations. 

The Consular Bureau. — A consul is sent by the United 
States to each of the chief cities in the consular districts 
into which foreign countries are divided by our State 
Department. These consuls, of whom there are three 
grades, Consuls-General, Consuls, and Consular Agents, 
look after the commercial interests of the United States in 
those districts. They make monthly reports on improve¬ 
ments in agricultural and manufacturing processes. These 
reports also give information regarding good markets for 
our products and of the best markets in which to purchase 
foreign products.^ Consuls care for destitute American 
sailors and protect the interests of our citizens in foreign 
countries. In some of the non-Christian nations, such as 

1 Among scores of similar subjects, our consuls reported in 1900 on the fol¬ 
lowing : American goods in Syria ; American commerce with Asia Minor and 
eastern Europe ; German opinion of American locomotives; American coal 
in Germany ; Europe and American competition. 


144 


THE NATIONAL GOVERNMENT. 


China and Turkey, they also have jurisdiction over all 
criminal cases in which any American citizen may be a 
party. The importance of such services to our country is 
self-evident. The appointment of these 765 officials, to¬ 
gether with their subordinates, is usually secured under 
party pressure. It would have a wholesome influence on 
our rapidly developing commercial interests were these 
positions placed in the classified service.^ 

The Department of the Treasury. 

The Secretary of the Treasury. — The Department of 
the Treasury is the most extensive and complex of the 
executive departments. In general, the Secretary of the 
Treasury has charge of the finances of the nation. He is 
required to prepare plans for the creation and improvement 
of the revenues and the public credit and to superintend 
the collection of the revenue. He gives orders for all 
moneys drawn from the Treasury in accordance with 
appropriations made by Congress, and submits an annual 
report to Congress which contains an estimate of the 
probable receipts and expenditures of the government. 

The Auditors. — It is very important that the accounts of the govern¬ 
ment should be carefully scrutinized, and one of the six auditors con¬ 
nected with the Treasury Department must pass upon the accounts of 
every public officer who pays out money. Thus, the Auditor for the 
Treasury Department examines all accounts of salaries and incidental 
expenses of the office of the Secretary of the Treasury and all other 
offices under his immediate direction, such as the Treasurer and Directors 
of the Mints. 

The Treasurer. —All the money of the United States is under the 
care of the Treasurer. He receives and pays it out upon the warrant of 

^ See report Civil Service Commission, 1901-1902, p. 32. 


THE CABINET. 


145 


the Secretary of the Treasury or a designated assistant, redeems the 
notes of the National banks, and manages the Independent Treasury 
System. This system renders the Treasury Department practically 
independent of the banks of the country. It includes the Treasury at 
Washington and sub-treasuries, each in charge of an assistant treas¬ 
urer at Boston, New York, Philadelphia, Baltimore, Cincinnati, Chi¬ 
cago, St. Louis, New Orleans, and San Francisco. While the greater 
part of the money belonging to the government is found in’these places, 
about two hundred National banks have also been designated as public 
depositories. 

The Chief of the Bureau of Engraving and Printing. — The Bureau ^ 
of Engraving and Printing is one of the largest in the department and 
employs about 1600 people. It has been said that the products of this 
bureau, in the course of a single year, represent a sum equal in value to 
all the money in circulation in the United States ; for here the engraving 
of the plates and the printing of all the United States circulating notes,, 
bonds, revenue stamps, and postage stamps are done. 

Other Officers of the Treasury Department. —Among the 
other leading officials of the Treasury Department are: 
Comptroller of the Currency, Commissioner of Internal 
Revenue, General Superintendent of the Life-saving Ser¬ 
vice, Solicitor of the Treasury, Supervising Surgeon- 
General, and Supervising Architect. 

The Life-saving Service. — This is one of the most important offices 
in the Treasury Department. More than 2000 men are employed in 
the 273 stations, located generally at danger points on the oceans 
and the Great Lakes. Out of the 4337 lives imperiled in the year 1903 
in the disasters on water, only 24 were lost.^ Of the property involved, 
which was valued at $9,051,150, 88 per cent was saved. It has been 
estimated that 225,000 lives have been saved through this service since 
it was founded in 1848. 

The Solicitor of the Treasury. — The Solicitor of the Treasury is 
the law officer of the department, and has charge of all prosecutions 

1 The work of each department is usually distributed among the bureaus. 
Bureaus are again divided into divisions. At the head of each bureau is a 
commissioner, and of each division a chief. 

2 Report of the Secretary of Treasury, 1902-1903. 

L 


146 


THE NATIONAL GOVERNMENT. 


by the government arising out of the counterfeiting of the government 
securities, or of the infringement of customs revenue, and of all suits for 
the collection of moneys due the United States, except those due under 
the internal revenue laws. 

The Supervising Surgeon-General. — The Supervising Surgeon-Gen¬ 
eral superintends the twenty-two marine hospitals where our sick sailors 
are cared for; conducts the quarantine service of the United States; 
and directs the laboratories for the investigation of the causes of conta¬ 
gious diseases. 


The War Department. 

The Secretary of War. — The Secretary of War, under 
the direction of the President, has charge of the military 
affairs of the government. He supervises all estimates of 
appropriations for the expenses of the department.^ He 
has under his supervision also the military academy at 
West Point, all national cemeteries, and river and harbor 
improvement. The chiefs of the eleven bureaus are regu¬ 
lar army officers. 

The Adjutant-General. —The Adjutant-General issues orders for the 
muster of troops and for their movement, conducts the correspondence 
of the department, and keeps the records. 

The Inspector-General. — The Inspector-General examines and re¬ 
ports on all places where United States troops are stationed; on pub¬ 
lic works carried on by army officers; and on the military academy and 
prisons. 

The Quartermaster-General.—Under direction of the Quartermaster- 
General the army is transported, clothed, and equipped. 

The Chief of Ordnance. — Arms are supplied by the Chief of Ord¬ 
nance. The arms used are manufactured chiefly in the United States 
arsenals. The arsenals at Springfield, Mass., and Rock Island, Ill., 
manufacture rifles and carbines; and that at West Troy, N.Y., cannon 
and mortars. 

1 The annual appropriation by Congress for the army alone in 1903 
amounted to ^^78,138,752. 


THE CABINET. 


147 


The United States Military Academy. — The United States Military 
Academy at West Point was founded in 1802. The corps of cadets is 
made up of one cadet from each of the Congressional districts, one from 
each of the Territories and the District of Columbia, and one hundred 
from the United States at large. Prior to the year 1900 there were only 
ten cadets at large. The act of that year also provided that thirty cadets 
were to be named by the President directly and the remainder appor¬ 
tioned among the States. They all receive their appointments from 
the President, but it has become the custom for the representatives 
and delegates to select (usually after a competitive examination) those 
from the Congressional districts and the Territories. The cadet must 
be between seventeen and twenty-two years of age. Each receives 
$540 a year during the four years of his course. Upon graduation, the 
cadets are commissioned as second lieutenants in the United States 
army. In case there are more graduates than vacancies, those in excess 
are honorably discharged with the payment of one year’s salary. 

The Navy Department. 

The Secretary of the Navy. — The duties of the Secre¬ 
tary of the Navy pertain to the construction, manning, 
arming, equipping, and employment of war-vessels.^ 

The United States Naval Academy. — The naval academy at An¬ 
napolis was established in 1846. One cadet is allowed in the naval 
academy for each member or delegate of the House of Representatives, 
one for the District of Columbia, and ten at large. Candidates for 
admission, at the time of their examination, must be between the ages 
of fifteen and twenty years. The nomination of a candidate to fill a 
vacancy is made upon recommendation of a representative or delegate 
if made before July i ; but if no recommendation be made by that time, 
the Secretary of the Navy fills the vacancy by appointing an actual resi¬ 
dent of the district in which the vacancy exists. The President selects 
the candidates at large and the cadet for the District of Columbia. At 
the conclusion of the six years’ course, two of which are spent at sea, the 

1 The appropriation for this department in 1903 was ^81,877,291. 


148 


THE NATIONAL GOVERNMENT. 


graduates are assigned in order of merit to the vacancies that may have 
occurred in the lower grades of the line of the navy and of the marine 
corps. Cadets who are not assigned to service after graduation are 
honorably discharged and are given $500, the amount they have re¬ 
ceived each year of their course at the academy. 


The Department of Justice. 

The Attorney-General. — The Attorney-General is the 
legal adviser of the President and of the heads of the 
departments. He supervises the work of all the United 
States district attorneys and marshals, and is assisted by 
the Solicitor-General. Unless otherwise directed, all cases 
before the Supreme Court and the Court of Claims in 
which the United States is a party are argued by the 
Attorney-General and the Solicitor-General. 


The Post Office Department. 

The Postmaster-General. — The Postmaster-General is 
at the head of this department. He appoints all of the 
officers of the department with the exception of the four 
assistant postmasters-general and postmasters of the first 
class, whose appointments are made by the President with 
the consent of the Senate. The Postmaster-General may, 
with the consent of the President, let contracts and make 
postal treaties with foreign governments. 

The Postal Union. — Since 1891 the United States has been a mem¬ 
ber of the Universal Postal Union. By this union over fifty distinct 
powers became parties to an agreement by which uniform rates of post¬ 
age were agreed upon and every facility for carrying mails in each 
country was extended to all the others. 


THE CABINET. 


149 


The Department of the Interior. 

The Secretary of the Interior.—The Interior Department, 
under the supervision of the Secretary of the Interior, is 
one of the most complex and important of the departments. 
There are two assistant secretaries in the department, 
while at the head of the other offices are six commissioners 
and two directors. 

The Commissioner of the General Land OfB.ce. — The Commissioner 
of the General Land Office has charge of all the public lands of the 
government, and supervises the surveys, sales, and issuing of titles to 
this property (see p. 169). 

The Commissioner of Education. — The Commissioner of Educa¬ 
tion is the chief of the Bureau of Education. This bureau has charge 
of the collection of facts and statistics relating to the educational sys¬ 
tems and to progress along educational lines in the several States and 
Territories, and also in foreign countries. The reports issued by the 
bureau are of great value to those interested in education. The com¬ 
missioner has advisory power only, except in Alaska. Here he directs 
the management of the schools. 

The Commissioner of Pensions. — The Commissioner of Pensions 
supervises the examination and adjustment of all claims arising under 
the laws of Congress granting bounty land or pensions on account of 
services in the army or navy during the time of war. That our govern¬ 
ment has not been ungrateful may be gathered from the report of the 
commissioner for 1902. There were in that year 999,446 pensioners, to 
whom were paid approximately $140,000,000, or an amount equal 
to 24 per cent of the total revenues of the government. 

The Commissioner of Indian Affairs. — Prior to 1871 the Indian 
tribes were treated as independent nations by the United States, but by 
a law of that year the general government was made the guardian of 
their interests. The Commissioner of Indian Affairs exercises a pro¬ 
tecting care over these “wards” by directing the work of the Indian 
agents and of the superintendents of Indian schools. 


THE NATIONAL GOVERNMENT. 


ISO 

There are some 145,283 Indians on the 177 reservations which are 
in the various States and Territories.! The lands of these reservations 
are held in common ; that is, the ownership is tribal rather than individ¬ 
ual. It is the policy of the government, however, to bring about the 
allotment of lands “ in severalty,” and thus to encourage the Indians to 
adopt an agricultural life. The Indians are only partially self-supporting. 
Some tribes derive an income from funds which are the proceeds derived 
from the sales and cessions of their lands. The National government 
holds this money in trust for them, and, by direct appropriation, supplies 
the money, food, and clothing necessary to complete their support. 
The appropriation for the Indians in 1903 was $8,512,950. Over one- 
fourth of this sum was spent for their education in Indian schools, num¬ 
bering nearly 300, which are under the direct control of the department. 

The Director of the Geological Survey. — The Director of the Geo¬ 
logical Survey collects much valuable information through the exami¬ 
nation of the geological structure, mineral resources, and mineral 
products of the United States. He has charge, also, of the survey 
of the forest reserves. 

The Department of Agriculture. 

The Secretary of Agriculture. — The duties of the Secre¬ 
tary of Agriculture are, “To acquire and diffuse among 
the people of the United States useful information on sub¬ 
jects connected with agriculture in the most comprehensive 
sense of that word.” The activities of the department are 
along many lines, as indicated by the names of the bureaus 
and divisions. 

Bureau of Animal Industry. — Continuous advancement is being 
made by the government toward placing the agricultural pursuits upon 
a more scientific basis. One of its most important services is performed 
in the Bureau of Animal Industry, which inspects the greater part of 

! Census of 1900. This number does not include the Indians found in the 
Indian Territory. According to this census the total number of Indians then 
in the United States was 331,000. 


THE CABINET. 


151 

the meat products exported to European countries. The law providing 
for this inspection was necessary because of the claim in European 
markets that diseased meats were shipped from the United States. An 
inspection is also provided for live animals intended for exportation and 
for animals imported. Much scientific work is also devoted to a study 
of the various diseases of animals. 

The Division of Seeds.— Over $100,000 are expended each year by 
the Division of Seeds in the purchase of “ rare and valuable ” seeds, 
bulbs, and plants. These are distributed free throughout the country 
for the purpose of fostering the introduction of new and more valuable 
crops. 

Public Road Inquiries. — Another important interest is carried on by 
the Office of Public Road Inquiries. Here experiments are made with 
regard to the best system of road-making and the best materials to be 
used for that purpose. 

Weather Bureau.— Through the Weather Bureau daily forecasts and 
warning of storms are sent to over 50,000 different points, and storm 
signals are displayed at 300 places on our coasts. By its operation, 
millions of dollars are saved each year to the agricultural and maritime 
interests of the country. A recent decree of the Post-Office Department 
renders the reports of the bureau of still greater service. Slips of 
paper having the storm, frost, or other warnings printed on them are 
distributed by the rural mail carriers at the various houses in the dis¬ 
tricts affected. 

The Department of Commerce and Labor. 

Nature of the Department. — Because of the nature of 
the subjects assigned to this new department, it will 
rapidly become one of the most important of the de¬ 
partments. Among the duties of the Secretary of Com¬ 
merce and Labor are to promote the commerce and the 
mining, manufacturing, shipping, fishery, transportation, 
and labor interests of the United States. The President 
is given the power to transfer to the department those 
bureaus in other departments which are engaged in 


152 


THE NATIONAL GOVERNMENT. 


scientific or statistical work, the Interstate Commerce 
Commission and the scientific divisions of the Agricultural 
Department being excepted. The offices which have been 
transferred are as follows: the Bureau of Labor; the 
Bureau of Statistics; Census Bureau and Immigration 
Bureau; Bureau of Standards of Weights and Measures; 
Bureau of Navigation; the Steamboat Inspection Service; 
Bureau of Fisheries; Coast and Geodetic Survey and 
Light-House Board. The Bureau of Corporations was 
created for the department. The Commissioner of Corpo¬ 
rations is expected to investigate the organization, conduct, 
and management of the business of corporations and other 
combinations engaged in interstate or foreign commerce, 
except such carriers as may be subject to the interstate- 
commerce act. 

The Commissioner of Labor. — This official is charged with the duty 
of investigating the relations between labor and capital; the earnings 
of laborers ; and the means which may be used to promote their welfare. 
Every other month a bulletin is published which sets forth the condition 
of labor in this and other countries. 

The Chief of the Bureau of Statistics. —The Chief of the Bureau of 
Statistics collects and publishes the annual statistics on commerce. 
These reports are of such a character that they are invaluable to the 
President in the preparation of his messages; and they are used exten¬ 
sively by the heads of departments, members of Congress, and the 
public. Tariff laws, special legislation for particular industries, and all 
international trade treaties are also based on these compilations. The 
greatest demand is for the Annual Statistical Abstract, which presents 
in a condensed form the history of the commerce of the United States 
for a number of preceding years. 

The Commissioner-General of Immigration. — This officer superin¬ 
tends the work of the Commissioners of Immigration who are in charge 
of inspectors at the ports of entrance. Every immigrant must undergo 
a rigid examination in order to ascertain whether he belongs to any of 


THE CABINET 


153 


the prohibited classes.^ Each immigrant must pay a tax of one dollar, 
which sum is used to pay the expenses of the bureau. The work of the 
Census Bureau was described on pages 55-56. 

The Superintendent of the Coast and Geodetic Survey. — This 
officer superintends the survey of the coasts and rivers of the United 
States. He has charge of the publication of charts and sailing direc¬ 
tions which are of inestimable value to mariners. 

The Light-House Board. — The Light-House Board has charge of the 
light-houses, of which 1199 had been established previous to the year 
1899, besides the light vessels and beacons used for the protection of 
navigation. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. Does the President select the members of his Cabinet from among 

former members of Congress ? Would this be desirable ? 

2. Have the members of the Cabinet ever been allowed to appear 

before Congress in the interests of their own departments ? 
Would this be desirable ? Walker, The Making of the Nation, 
92; Bryce, American Commonwealth, I, Chapter 9; Atl. Mo., 
65:771-772. 

3. Who are now the heads of the executive departments? Were 

they prominent in National affairs before they were selected for 
these positions ? 

4. In 1901 a bill was introduced in the House of Representatives 

which provided for an increase of the annual salary of the Vice- 
President to $25,000, and that of each member of the Cabinet 
to $15,000. What reasons can you give for or against such a 
change ? 

5. What was the history of the State Department prior to 1789? 

Harrison, This Country of Ours, 182-187. 

6. Give a list of the Presidents who have been Secretaries of State. 

How do you account for this policy in the first years of our 
government, and not at a later time ? Name some of the other 
prominent Secretaries of State. 

1 In 1903 there were 857,046 immigrants to the United States, and 8769 
were refused admission. Of these there were 5^^^ paupers ; 1086 contract 
laborers ; 1773 diseased persons. 


154 


THE NATIONAL GOVERNMENT. 


7. Who are our ambassadors ? Can you give the name of any 

foreign ambassadors in Washington ? See Congressional 
Directory. 

8. The methods by which our ministers are selected, take possession 

of their offices, and are presented at foreign courts, are described 
in Curtis, The United States and Foreign Powers, 15-21. 

9. The Duties of Ministers. Curtis, The United States and Foreign 

Powers, 22-26. 

10. Are our ambassadors given adequate salaries ? Curtis, The United 

States and Foreign Powers, 13, 14. 

11. From a consular report learn what the duties of a consul are. 

Curtis, The United States and Foreign Powers, 30-33. 

12. For an account of our consular service, a comparison with that 

of other nations, and a consideration of some of the weaknesses 
in our system, see Curtis, The United States and Foreign Powers, 
28-30. 

13. A Business Man and the Consular Service, Century Mag., 60: 268- 

271. 

14. Abuses in our Consular System arising through Appointment, 

Atl. Mo., 85:455-466, and 669-683. 

15. A Plea for Consular Inspection, Forum, 30: 28-34. 

16. What is the Great Seal of the United States, and what is its use? 

Harrison, This Country of Ours, 199-200, 

17. What is the particular work of the Marine Department? of the 

Steamboat Inspection Service? of the Marine Hospital? Lyman 
J. Gage, Organization of the Treasury Department, Cosmopoli¬ 
tan, 25: 355-365- 

18. What is the work of the Bureau of Engraving and Printing? 

Spofford, The Government as a Great Publisher, Forum, 19: 

338-349- 

19. What is the extent of our merchant marine ? Should it be in¬ 

creased? Statistical Abstract of the United States, 1900, 437- 
450. 

20. From the Appendix to the last Finance Report get the chief points 

connected with the work of the following officials: Treasurer, 
Report, 1898, Appendix, 1-20; Chief of the Secret Service Divi¬ 
sion, 861-867. A good description of the Treasury Department 
is given in Scribner’s Mag., 33: 400-411. 


THE CABINET. 


155 


21. From the last report of the Bureau of Statistics find answers for 

the following: The expenditures of the government in the differ¬ 
ent departments; value of merchandise imported and exported; 
amounts of coin, wheat, cotton, wool, and iron produced, im¬ 
ported, and exported; the chief nationalities of immigrants, 
and comparison of the total number with previous years. 

22. Are our coasts well defended? Harrison, This Country of Ours, 

225. 

23. Describe the work of the President, Secretary of War, Secretary of 

the Navy, and of the other Cabinet officers at the outbreak of’ 
war, Cosmop. 25 : 255-264. 

24. For illustrated articles on Education at West Point and Annapolis, 

see Outlook, 59: 839-849, 825-837. 

25. Comparison of our Pension System with that of other Nations, 

Forum, 33: 346-348. 

26. Defects in our Pension System, Forum, 31 : 670-680. 

27. Changing Character of the Immigration to the United States, 

Rev. of R’s, 24: 723, 724. 

28. Why the Chinese should be excluded. Forum, 33 : 53 - 59 - 

29. Why the Chinese should be admitted. Forum, 33: 50-68. 

30. Influence of the Allotment of Land on the Indian, Forum, 34: 

466-480. 

31. Results of the Work of Experiment Stations, Scribner’s Mag., 31: 

643-660. 

32. For accounts of the new Congressional Library, see Century Mag., 

53: 682-694; 694-711; Atl. Mo., 85 : 145-158; Cosmop., 23: 10- 
20. 

33. What is the special value of the work of the Bureau of American 

Republics ? Forum, 30 : 21-27. 

For other questions and references on the topics in this chapter con¬ 
sult Government in State and Nation, 299-302. 


CHAPTER XVL 


THE NATIONAL JUDICIARY. 

Article III. 

Establishment of an Independent Tribunal. — Alexander 
Hamilton characterized the lack of a judiciary as the 
crowning defect of government under the Confederation. 
If we consider the nature of our present government, 
it is easily seen that some form of independent tri¬ 
bunal is necessary. We have a central government 
exercising complete control over National affairs and for¬ 
eign relations and, at the same time, the State governments 
with equally complete control over questions arising within 
their limits. If differences arise, then, as to the authority 
of National or State government over a given question, 
how are these disputes to be settled peaceably.? After a 
brief discussion, the problem was answered in the Con¬ 
stitutional Convention by the formation of a federal 
judiciary. 

Organization of the Judiciary. — The organization of the 
judiciary is provided for as follows: Section i. The judi¬ 
cial power of the United States shall be vested m one Su¬ 
preme Courts and in stich inferior courts as the Congj'ess 
may from time to time ordahi and establish. The judges^ 

156 


THE NATIONAL JUDICIARY. 


157 

both of the SiLpre7ne and inferior eourts, shall hold their 
offices during good behavior, and shall, at stated times, re¬ 
ceive for their services a compensation which shall not be 
diminished during their continuance in office. 

In 1789 Congress provided that the Supreme Court 
should consist of a Chief Justice and five Associates. 
Circuit and District Courts were also established. The 
Supreme Court at present consists of the Chief Justice and 
eight Associate Justices. It holds one session annually, at 
Washington, beginning on the second Monday in October 
and continuing until about May i. 

District Courts. — The territory of the United States has been 
divided into judicial districts, none of them crossing State lines and each 
having a District Court. Indian Territory, New York, and Texas have 
each four districts; Alabama, Pennsylvania, and Tennessee three each; 
Arkansas, California, Florida, Georgia, Illinois, Iowa, Kentucky, 
Louisiana, Mississippi, Michigan, Missouri, North Carolina, Ohio, Vir¬ 
ginia, Wisconsin, and West Virginia two each ; and the remaining States 
have each a single district. New Mexico and Oklahoma constitute a dis¬ 
trict, and also Alaska, Arizona, and Hawaii. Generally there is a judge 
for each district, but a single judge is at times assigned to two districts. 

A District Attorney and Marshal are appointed by the President for 
each District Court. The United States District Attorney is required 
to prosecute all persons accused of the violation of Federal law and to 
appear as defendant in cases brought against the government of the 
United States in his district. The United States Marshals execute the 
warrants or other orders of the United States District and Circuit 
Courts and, in general, perform duties connected with the enforcement 
of the Federal laws which resemble the duties of sheriffs under State 
laws. 

Circuit Courts. — The policy has been to have as many Circuit 
Courts as there are Justices of the Supreme Court. It was not until 
1869 that a Circuit Judge was provided for each of the nine circuits. 
The areas of the circuits were determined by grouping several districts 
together; thus, the seventh circuit includes the districts of Indiana, 
Northern and Southern Illinois, Eastern and Western Winconsin. 


58 


THE NATIONAL GOVERNMENT. 


Circuit Courts may be held by a Judge of the Supreme Court assigned 
to that circuit, by a Circuit Judge, or by the District Judge of the dis¬ 
trict in which the court is held, or by any two of these or by all of them 
sitting together. The law requires that the Justice of the Supreme 
Court shall attend court in each district of his circuit at least once in two 
years. Each of the circuits, the first and the fourth being excepted, has 
now (1903) three Circuit Judges. The increase in the number of cases 
to be tried before the Circuit Courts made the appointment of additional 
Circuit Judges necessary, and by the law of 1891, also, nine Circuit 
Courts of Appeals were established, for each of which an additional Cir¬ 
cuit Judge was provided. The Circuit Courts of Appeals consist of 
three Judges each, any two constituting a quorum. The Judges eligible 
to sit in one of these courts are : the Supreme Court Judge assigned the 
Circuit, the Circuit Judges, and the District Judges of the Circuit. 

The Court of Claims was established in 1855 and consists of a Chief 
Justice and four Associates. It holds an annual session in Washington. 

Terms and Salaries of the Judges. —That the judiciary 
should be independent of parties and of other influences 
cannot be questioned. Hence the wisdom of the provision 
that United States judges shall hold their offices during 
good behavior and shall receive a compensation for their 
services which shall not be diminished during their con¬ 
tinuance in office. Judges of the United States courts are 
appointed by the President with the consent of the Senate. 

By an act of Congress of 1903, the salary of the Chief 
Justice was fixed at 13,000 per annum ; that of Associate 
Justices, ^12,000; Circuit Judges, ^7500; and District 
Judges, ^6000. 

Jurisdiction of the National Courts.—We are next to 
consider the jurisdiction of the several courts that have 
been described. 

Section 2, Clause i. The jtidicial power shall extend to 
all cases, in law and equity, arising under this Constitutiofi, 
the laivs of the United States, and treaties made, or which 


THE NATIONAL JUDICIARY. 


159 


shall be made^ tmder their authority ; — to all cases affectmg 
Ambassadors, other public ministers and Consuls ; — to all 
cases of admiralty and maritime jurisdiction ; — to contro¬ 
versies to which the United States shall be a party; — to 
controversies between two or more States ; — between a State 
a 7 td citizens of another State ; — between citizens of differefit 
States ; — between citizens of the same State claiming lands 
under grants of different States, a 7 id betweeri a State, or the 
citizefis thereof, and foreig 7 i states, citizens or subjects. A 
careful consideration of this clause shows the wide extent 
of the powers of the United States courts. It shows also 
the desirability of having all such cases under their juris¬ 
diction rather than under the authority of the State courts. 
Associate Justice Brewer wrote recently, with reference to 
the influence of the decisions of the Supreme Court on the 
history of the country : ^ “ Its decisions have always been 
in harmony with and sustaining the proposition that this 
republic is a nation acting directly upon all its citizens, 
with the attributes and authority of a nation, and not a 
mere league or confederacy of States. The importance of 
this cannot be overestimated, and will be appreciated by 
all who compare the weakness of the old confederacy with 
the strength and vigor of the republic under the present 
Constitution.” 

Suit against a State by a Citizen of Another State. — In the nota¬ 
ble case of Chisholm vs. Georgia in 1793, Chisholm, a citizen of North 
Carolina, began action against the State of Georgia in the Supreme 
Court of the United States. That court interpreted the clause as apply¬ 
ing to cases in which a State is defendant, as well as to those in which 
it is plaintiff. The decision was received with disfavor by the States, 

1 “ The Supreme Court of the United States,” Scribner^s Magazine, Vol. 33 : 
27s, 276. 


l6o THE NATIONAL GOVERNMENT. 

and Congress proposed the Xlth Amendment to the Constitution, 
which was ratified in 1798 and is as follows : — 

The pidicial power of the United States shall not be co 7 istrued to 
extend to a7iy suit in law or equity^ conwtenced or prosecuted against 
one of the United States^ by citizens of another State, or by citizens or 
subjects of any foreign state. 

Original and Appellate Jurisdiction. — Clause 2. In all 
cases affecting Ambassadors, other public ministers and Con¬ 
suls, afid those in which a State shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases 
before mentioned, the Supreme Court shall have appellate 
jurisdiction, both as to law and fact, with such exceptions, 
and under such regulatio 7 is as the Congress shall make. 

The Supreme Court has original jurisdiction in “all 
cases affecting Ambassadors, other public ministers, and 
Consuls, and those in which a State shall be a party.” 
Original jurisdiction means that these cases may be begun 
in the Supreme Court. Other cases are brought to the 
Supreme Court from the inferior United States courts or 
from the supreme courts of the States and Territories by 
appeal. In such cases the Supreme Court is said to have 
appellate jurisdiction. 

Jurisdiction of the Inferior Courts. — It is difficult in 
brief space to define minutely the province of each court. 
The following accounts, therefore, give only a general 
description: — 

The Circuit Courts of Appeals are given final jurisdiction in certain 
cases appealed to them from the District and from the Circuit Courts, 
such as those arising under the patent, revenue, and criminal laws, as 
well as admiralty and other cases in which the opposing parties to a 
suit are an alien and a citizen, or are citizens of different States. The 
Supreme Court has thus been partially relieved from an overcrowded 


THE NATIONAL JUDICIARY. 




i6i 

docket. But jurisdiction in these cases may be assumed by the Supreme 
Court if it desires to do so. 

The Circuit Courts have original jurisdiction in patent and copyright 
cases, and in cases brought by the United States against National 
banks, and they have exclusive jurisdiction in capital cases. “Jurisdic¬ 
tion of the District Courts embraces chiefly criminal cases, admiralty 
cases, bankruptcy proceedings, suits for penalties, and the like.” 

The Court of Claims “ shall hear and determine all claims founded 
upon any law of Congress, or upon any regulation of an executive de¬ 
partment, or upon any contract, express or implied, with the govern¬ 
ment of the United States, which may be suggested to it by a petition 
filed therein; and also all claims which may be referred to said Court 
by either House of Congress.”^ 

Trial by Jury. —The right of trial by jury in all criminal 
cases had been insisted upon by Englishmen for centuries 
prior to the formation of our Constitution. There were 
two branches to the system, the grand and the petit juries. 
Each performed the same duties as they do now. The 
Constitution provides in Section 2, Clause i, that 

The trial of all crimes^ except in cases of impeachment^ 
shall be by jiiry^ and such trial shall be held in the State 
where the said crime shall have been committed; but 
when not comjnitted within any State^ the trial shall be 
at such place or places as the Congress may by law have 
dh'ected. 

This clause was attacked by the opponents of the Con¬ 
stitution in the State conventions. It was believed that 
the Constitution did not furnish adequate safeguards against 
unjust prosecutions. Because of this agitation, Congress, 
in its first session, proposed Amendments V, VI, VII, and 
VIII, which were duly ratified by the several States. 

Amendment V. No person shall be held to answer for 

1 10 Statutes at Large, 612. 

M 


i62 the national government. 

a capital^ or otherwise infamous erime^ unless on a present¬ 
ment or indietment of a grand jury^ etc} 

Authorities have had difficulty in giving an exact defini¬ 
tion of an infamous crime. That given by Judge Cooley 
is the most satisfactory. He says : “ But the punishment 
of the penitentiary must always be deemed infamous, and 
so must any punishment that involves the loss of civil or 
political privileges.” 

The Grand Jury. — A grand jury consists of from twelve 
to twenty-three men. They sit in secret, and no accusation 
can be made by them without the concurrence of at least 
twelve. An indictment is a written accusation of an offense 
drawn up by a prosecuting officer on behalf of the govern¬ 
ment and laid before the grand jury. “A presentment is 
an accusation by a grand jury of an offense upon their 
own observation and knowledge, or upon evidence before 
them, and without any bill of indictment laid before them 
at the suit of government.” ^ in the case of a presentment, 
the party accused cannot be held to trial until he has been 
indicted. After hearing the evidence, if the grand jury 
concludes that the accusation is not true, they write on 
the back of the bill, “Not a true bill” or “Not found.” 
The accused, if held in custody, is then given his freedom, 
but he may be again indicted by another grand jury. If 
the grand jury decides that the accusation is true, they then 
write on the back of the bill, “A true bill” or “Found.” 
The indicted person must be held to answer the charges 
made against him. 

1 See Appendix A. 

2 Story, “Commentaries on the Constitution,” § 1784. 


THE NATIONAL JUDICIARY. 


163 

Rights of the Accused. —Amendment VI. In all crimi¬ 
nal prosecntionSy the accused shall enjoy the right to a speedy 
and public trials by a7i impa^'tial jury of the State and district 
wherein the crhne shall have been com^nitted^ etc. (see Ap- 
pe7tdix A ). 

Amendment VII. hi suits at common laiv^ where the 
value in controversy shall exceed twenty dollars^ the right of 
trial by jury shall be preserved^ and no fact tried by a jury 
shall be otherwise reexa^nined in any court of the United 
States^ than according to the rides of the common law. 

The accused must be given a public and speedy trial 
before an impartial jury, known as the petit jury, consist¬ 
ing of twelve men from the district wherein the crime was 
committed. The decision must be unanimous before a 
verdict can be rendered. The accused is given a copy of 
the indictment in which the nature of the accusation is 
clearly set forth and is granted time in which to prepare 
for his defense. Equally just and significant are the 
provisions that he shall be confronted by the witnesses 
against him, may compel the attendance of witnesses in 
his favor, and may employ counsel for his defense. In 
case he is not able to pay for his own counsel, the judge 
appoints one whose services are paid for out of the public 
treasury. If the verdict has been rendered by a jury and 
the judgment pronounced, the accused cannot be again 
brought to trial on the same charge. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What are the names of the members of the Supreme Court at 

present ? Congressional Directory. 

2. How large are the circuit and district in which your home is 

located.? Who are the judges ? Congressional Directory. 


164 the national government. 

3. Under what conditions may a case be appealed from the Supreme 

Court of the State to the United States Supreme Court ? Bryce, 
American Commonwealth, I, 228-230 (232-234). 

4. How is the fact that conflicts between the authority of the Federal 

and the State Courts do not arise, accounted for ? Bryce, I, 
234-235 (238). 

5. Are the United States Courts influenced in their decisions by 

politics? Bryce, I, 259-261 (265-267). 

6. Define treason and the punishment therefor. Constitution, Art. 

Ill, Sec. 3, Clauses i and 2. See Government in State and 
Nation, 312, 313. 

7. Describe the influence of John Marshall as Chief Justice. 

(a.) John Marshall, American Statesmen Series, Chapters X and 
XI. 

(6.) Bryce, I, 261 (267). 

(c.) Lodge, “John Marshall, Statesman,” N. Am. Rev., 172; 
191-204. 

(d.) John Marshall, Atl. Mo., 87 : 328-341. 

8. Show how the development of our Constitution by interpretation 

has been brought about. Bryce, I, 366-375 (376-385). 

9. What has been the influence of the Supreme Court in the history 

of our Nation ? Scribner’s Mag., 33 : 273-284. 



CHAPTER XVII. 


TERRITORIES AND PUBLIC LANDS. 

The History of Territories.—The first Territories of the 
United States were formed in the region lying north of the 
Ohio River and east of the Mississippi River. Here several 
of the original States (viz., Massachusetts, Connecticut, 
New York, and Virginia) had had claims, which they 
ceded to the general government during the period of the 
Confederation. The Ordinance of 1787 was the instrument 
of government for the entire Northwest Territory until 
the adoption of the Constitution, when it was reenacted 
by the new Congress in 1791. In the years that followed, 
special acts were passed for the government of the different 
Territories that were erected where now we find the States 
of Ohio, Indiana, Illinois, Michigan, and Wisconsin. In 
like manner, the region lying south of Kentucky was 
ceded to the United States by the Carolinas and Georgia, 
and was then formed into Territories and governed by 
Congress. Next, the Louisiana Purchase, Florida, the 
Mexican Cession, and the Oregon Territory came under the 
control of Congress; a succession of Territories was thus 
created, the most of which have subsequently been ad¬ 
mitted into the Union as States. In the government of 
these Territories, Congress has acted in accordance with 
an important power granted to it by the Constitution 

165 


166 THE NATIONAL GOVERNMENT 

Article IV, Section 3, Clause 3. The Congress shall have 
power to dispose of and make all needful rules aiid regula¬ 
tions respecting the territory or other property belonging to 
the United States, 

The Government of Organized Territories.—Territories 
may be classified as (i) organized and (2) unorganized. 
Of the former we have at present Porto Rico, Hawaii, 
New Mexico, Arizona, and Oklahoma. 

The governing authorities in each are: (i) a governor, 
appointed by the President, with the consent of the . 

(2) administrative officers—secretary, treasurer, ' 
attorney-general, adjutant-general, and superinte*’ ^ 
education, all appointed in the same way ; (3) a 1 ^ , 
consisting of two houses, the members of which 
by popular vote; (4) a system of courts in ^ 
judges are appointed by the President and Senate. ^ 

Relations between Territories and Congress. —A Territory 
is organized by an act of Congress which provides for 
these officers and prescribes their powers. The territorial 
legislature controls the internal affairs of the Territory; 
but its acts may be modified or entirely annulled by Con¬ 
gress. The people of a Territory have no voice in National 
affairs, but they elect a delegate to Congress, who may 
debate but not vote. 


Porto Rico. — The government of Porto Rico is different at some 
points from that of the other organized Territories. The upper house 
of its legislature is the Executive Council and consists of the adminis¬ 
trative officers of the Territory (secretary, treasurer, auditor, commis¬ 
sioner of the interior, attorney-general, and commissioner of education) 
and five other persons appointed by the President. Five of the eleven 
members of this Council must be natives of Porto Rico. The House 


i 





the IT' 


t 




r. 





.ers 


w » 


i'^ this law * V 


ie^Philip- 
and, of 



A 

American 



* 


o 





it 


4 ^L- 


TERRITORIES AND PUBLIC LANDS. 


167 


of Delegates has thirty-five members, elected triennially by the voters. 
There is elected by the people a “ resident commissioner ” to the United 
States, who, unlike the delegates from other Territories, has no seat in 
Congress, but rather has official relations with the President. 

The Territory of Hawaii. —Hawaii was annexed to the United 
States in 1898, and its government was established by Congress in 
1900. The administrative officers in this Territory are appointed by 
the governor, instead of by the President. Voters in Hawaii must be 
able to read and write either the English or Hawaiian language. 

Unorganized Territories. — Alaska and Indian Territory are called 
unorganized territories. The former has a governor, an attorney- 
.,:al, and a surveyor-general, together with a judiciary consisting of 
o There is no legislature; Congress enacted, in 1900, a 

v d code for Alaska. 

. ,. erritory was for many years divided into sections containing 
•ti nents of the “ five civilized tribes.” Each had an organized 
d:. republican in form, under a written constitution. The 
e ourts, and civil processes resembled very closely those of 
ernments. These tribal governments have been superseded 
ai authority. A complete change is being brought about in 

. v.atter of landholding. Under the Indian governments the lands 
were owned in common, and none but Indians could reside there; but 
white people came into the Territory and obtained leases and claims to 
land, until at the present time more than three-fourths of the 400,000 
inhabitants are whites. Under a law of 1893, the Dawes Commission 
has been at work upon a plan for allotting the land of the Territory to 
the Indians.! When this has been done, the land will be owned “ in 
severalty,” as in other parts of the country. 

Our Government in the Philippine Islands. — The Philippines con¬ 
stitute the largest part of “ our insular possessions,” and are not classed 
as Territories. The word “ colonies ” better expresses their relations to 
the United States. They are completely subject to the control of Con¬ 
gress. During the war with Spain and after it, until the 57th Congress 
passed the Philippine Civil Government Law in 1902, these islands were 
under the military government of the United States. The President, 
as the head of our military system, had supreme authority over these 

! Of the 70,000 Indians but 12,000 or 15,000 are “full bloods.” About 
15,000 negroes, who were formerly slaves, will also receive shares of the land. 


THE NATIONAL GOVERNMENT. 


168 

possessions; and he exercised his powers through the commanding 
general in the islands and through the Philippine Commission, a body 
of five men, of which Governor Taft was president. This commission 
was given authority to establish civil government in the pacified regions 
of the islands. 

In accordance with this policy, the government in the cities and in 
the less disturbed portions of the islands was in reality civil government, 
in which the people had some share, many months before Congress 
assumed responsibility by the passage of the Civil Government Law, 
in July, 1902. This law provides for the continuance of the Philippine 
Commission and the later establishment of a legislative body which is 
to consist of two houses. The upper branch of this Assembly will consist 
of members appointed by the United States government; the mern^iers ' 
of the lower house will be elected by voters who have a certain amoint of 
property and can speak English or Spanish. This Assembly vill not 
be established, however, until two years after a census, which this law 
provides for, has been taken. The upper house of this future Philip- ' 
pine legislature will have greater powers than the lower branch; and, of^ i;, 
course, all acts of the assembly will be subject to veto by the American j 
government. /I 

Besides numerous other small islands the United States ^/issesses / 
Tutuila in the Samoan group, Guam, and Wake Island. These are 
governed directly by the naval authorities of the government. 

Political Relations with Cuba. — Cuba was under the control of our 
military authority between the time when our troops occupied the island, 
during the Spanish-American War, and the announcement of its inde¬ 
pendence in May, 1902. Although Cuba is now an independent repub¬ 
lic, it is considered as a “ protectorate ” of the United States, and is 
subject to the influence of this Nation in its dealings with other nations. 

The Admission of Territories to Statehood. — We have so 
far considered the Territories as in a condition of greater 
or less dependence upon the National government. It has 
always been the policy of the United States to consider 
statehood as the ultimate destiny of its Territories.^ That 
the power to admit States into the Union belongs exclu- 

1 Now that we have possessions containing peoples of other races, the ques¬ 
tion arises, shall Porto Rico, Hawaii, and the Philippines ultimately become 
States? 




TERRITORIES AND PUBLIC LANDS. 169 

sively to Congress is evident from the language of the 
Constitution. 

Article IV, Section 3, Clause i, New States may be act- 
knitted by the Congress mto this Union ; but no new State 
shall be formed or erected within the jurisdiction of any 
other State ; 7 ior any State be formed by the junction of two 
or more States or parts of States^ without the conseiit of the 
legislatures of the States concerned as well as of the Con¬ 
gress. 

Territories first apply for admission to the Union, and 
then either of two processes may follow: (i) Congress 
passes an enabling act authorizing the Territory to frame a 
constitution, which is submitted to Congress for approval. 
(2) Frequently, the Territory frames its constitution with¬ 
out waiting for the enabling act; with this in its hand the 
Territory then applies to Congress for admission. In either 
case, before giving its approval to the admission of a State, 
Congress must see that the constitution submitted contains 
nothing that is inconsistent with a republican form of gov¬ 
ernment. 

Our Public Land Policy. — In the Territories which lay 
between the Alleghany Mountains and the Mississippi 
River, and in all the acquisitions that have since been 
made, the unoccupied^ lands became the property of the 
United States. So the National government became the 
possessor of many millions of acres of land, and it still 
holds immense tracts in the Western States and in its dis- 

1 Exceptions to this statement must be made to cover certain lands reserved 
by some of the original States that ceded their claims to the United States; 
as, for instance, the Western Reserve in Ohio retained by Connecticut, and 
other lands in the same State retained by Virginia. 


THE NATIONAL GOVERNMENT. 


170 

tant possessions. Upon the admission of a Territory as a 
State, the ownership of its public lands does not pass to 
the new State, but remains with the National government. 
The latter has followed a most liberal policy in dealing 
with its lands, (i) It has granted great amounts to the 
States. The school lands (see p. 240) which are the 
basis of the common school funds in the Western States 
were acquired in this way. (2) Many thousands of square 
miles have been granted to railroad companies as aid in 
the construction of their lines. These lands are still 
being purchased at low rates by settlers in the West. 
(3) Under various laws, settlers acquire farms from the 
government almost free of cost.^ (4) Millions of acres 
are still held by the government, subject to sale at low 
prices. 

At present the larger part of the public lands of the 
United States are arid; that is, they cannot be cultivated 
without irrigation. By a law of 1902, the proceeds re¬ 
ceived from the sale of public lands in certain Western 
States and Territories will be expended by the National 
government in the construction of irrigation works. This 
law is destined to have a great influence upon the future 
of our Western States. 

The National System of Survey. — In the thirteen original 
States there was no uniform system of land survey, but 
each tract of land was surveyed as necessity required, 
generally after settlement had been made upon it. The 
tracts were of very irregular shapes. The boundary lines, 
usually starting from some natural object, were measured 

1 See the provisions of the homestead lavs^, “ Government in State and 
Nation,” p. 333. 


TERRITORIES AND PUBLIC LANDS. i;i 

by rods or chains, running in certain directions as ascer¬ 
tained by the use of the compass. This method of survey 
is still in use in the Eastern States. According to a law of 
1785, a uniform system of “rectangular survey” was ap¬ 
plied to all lands belonging to the United States. This 
survey has preceded settlers, and has to some extent in¬ 
fluenced the method of settlement and the nature of local 



government throughout the West. The lands surveyed 
have been divided into townships six -miles square. For 
the boundaries of townships the law requires the use of 
north-and-south and east-and-west lines. To secure start¬ 
ing points from which to run these lines, it was necessary 
to designate certain meridians as Principal Meridians and 
certain parallels as Base Lines. 


























1/2 


THE NATIONAL GOVERNMENT. 


Method of Land Description. —The map indicates the loca¬ 
tion of Principal Meridians and Base Lines in the States 
north of the Ohio River. Starting, then, from any Prin¬ 
cipal Meridian, the tier of townships directly east is called 
Range I; the other ranges are numbered east and west of 
that meridian. Counting also from the Base Line, the 
townships are numbered i, 2, 3, etc., both north and south. 
It thus becomes possible to locate precisely any particular 
township by a simple description: e.g.y township 5 north, 
Range VIII east of the first Principal Meridian. 


Figure i. 









1 

1 






7 

e 









6 

S 







Co 

Tecti 

5 

jn. 


Line 





I 



k 

1 









s 

Prinl 









s 







IF 

lU 

JJ 

fV. 

B.I 

B. 

a 

ur 

IF 



Base 


JAnt) 


The convergence of meridians causes the townships to 
become less than six miles from east to west as the survey 
proceeds northward from any Base Line. This necessitates 
the running of standard parallel lines, or correction lines, at 
frequent intervals, to be used as new Base Lines (Figure i). 

To still further facilitate the sale and description of 
lands, the law provides for exact methods of subdividing 

































TERRITORIES AND PUBLIC LANDS. 


173 


the township into sections, one mile square, numbered as 
in Figure 2. 

Each section is subdivided into rectangular tracts known 
as halves, quarters, half-quarters, and quarter-quarters. 
The designations of these divisions are by abbreviations and 
fractions. (See Figure 3.) The number of acres in each 
tract is easily computed. 

The rectangular system of survey has been a great aid 
in the subdivision and location of farm lands ; it greatly 


Figure 2 . — Six Miles Square. 


G 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

10 

20 

21 

22 

23 

24 

SO 

20 

28 

27 

26 

25 

81 

32 

33 

34 

35 

36 


Figure 3. — One 
Mile Square. 


NWi 

N^NEi 

SEi 

NEi 

Si 


reduces the number of boundary disputes, it determines 
very largely the location of country roads. Moreover, the 
Congressional township has become, in a great many in¬ 
stances, the area within which the political township or 
town has been organized. This town, however, need not 
coincide with the Congressional township; it may be 
greater or smaller in area. 

























174 


THE NATIONAL GOVERNMENT. 


SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. For the history of land cessions, references are given in Govern¬ 

ment in State and Nation, p. 334, question i. 

2. The topics treated in this chapter are discussed in Harrison, This 

Country of Ours, pp. 270-279. 

3. Government in the Philippines, Arena, 24: 281-292. An article by 

Governor Taft on this subject. Outlook, 7: 305-311. The 
Government of our new possessions, Outlook, 64: 353-356, 
Rev. of R’s, 24 : 697-700. 

4. The Government of Porto Rico, N. Am. Rev. 174; 159-174; Rev. 

of R’s 21: 517-519- 

5. The Government of Indian Territory, Forum, 28: 737-740; 34: 

466-480; Rev. of R’s, 23: 451-458. Garland, The Red Men’s 
Present Needs, N. Am. Rev., 174: 479-488. 

6. Irrigation in the West, Forum, 32: 573-581; 33: 366-371; N. 

Am. Rev., 174: 245-258; Outlook, 70: 907-910; R. of R’s, 25: 
75-80; 401-402. 


CHAPTER XVIII. 


AMENDMENTS TO THE CONSTITUTION. 

Methods of amending the Constitution. — We have al¬ 
ready considered the effect of amendments on some 
of the original clauses.^ It now remains to consider, 
briefly, the methods of amending the Constitution and a 
few other provisions found in the amendments. Article V 
provides for amendments as follows : — 

The CongresSy whenever two-thirds of both houses shall 
deem it necessary^ shall propose amendments to this Con- 
stitutiony ory on the application of the legislatures of two- 
thirds of the several States y shall call a convention for pro¬ 
posing amendmentsy whichy in either casCy shall be valid to 
all intents and purposesy as part of this Constitutiony when 
ratified by the legislatures of three-fourths of the several 
StateSy or by conventions in three-fourths thereofy as the one 
or the other mode of ratification may be proposed by the 
Congress ; provided that no a 7 nendme 7 it which may be made 
p 7 dor to the year one thousand eight hu 7 idred and eight shall 
m any manner affect the first and fourth clauses m the nmth 
sectio7i of the first article; a 7 td that no Statey without its 
consefity shall be deprived of its equal suffrage in the 
Se 7 tate. 

Thus, amendments may be proposed in either of two 

1 For Amendment XI, see pp. 159-160; for Amendment XII, see p. 120. 

175 


1/6 


THE NATIONAL GOVERNMENT. 


ways : by a vote of two-thirds of both houses of Congress; 
or by a National convention called by Congress for that 
purpose on the application of two-thirds of the State 
Legislatures. The convention method has never been 
used in proposing amendments to this Constitution. 

Amendments may also be ratified in two ways: by the 
Legislatures in three-fourths of the several States; or by 
conventions in three-fourths thereof. Congress has always 
selected the first of these methods. 

» 

Amending the Constitution Difficult. — That it is difficult 
to amend the Constitution may be seen when we consider 
that some two thousand amendments have been proposed 
in an official way. During a single session of the 57th Con¬ 
gress, fifty amendments, on twenty different phases of gov¬ 
ernment, were proposed in one or other of the houses 
of Congress. 

Amendment XIII. — The purpose of the first ten amend¬ 
ments have already been noted, on p. 114. 

The Xlllth, XIVth, and XVth amendments were the 
results of negro slavery. The Emancipation Proclamation 
granted freedom to all of the slaves in the States then in 
rebellion. There were some States, however, as Ken¬ 
tucky, Tennessee, and Missouri, where slavery might still 
exist legally. In order to be rid of this institution alto¬ 
gether, Congress proposed the Xlllth Amendment to the 
Constitution, which is as follows : — 

Neither slavery nor involuntary servittide^ except as a pnn- 
ishme 7 it for crime whereof the pa 7 'ty shall have beeft duly 
co 7 ivicted^ shall exist within the United States, or any place 
subject to their jurisdiction. 


AMENDMENTS TO THE CONSTITUTION. 177 

Congress shall have power to enforce this article by ap- 
propriate legislation. 

It was declared a part of the Constitution, December 18, 
1865. 

Amendment XIV. — This amendment was proposed by 
Congress, June 16, 1866, as a part of the general plan 
for reconstruction. The Southern States were not to 
be regarded as a part of the Union until they should 
ratify it. The entire amendment, given in Appendix A, 
should be read. Sections i and 2, however, contain the 
most important provisions. Section i has already been 
partially discussed on p. 98, under the question, “ Who 
are citizens } ” Section 2 has also been considered on 
p. 53, in connection with the apportionment of repre¬ 
sentatives. 

Congress has at different times removed the disabilities 
from certain of the classes mentioned in Section 3. Finally, 
an act of June 6, 1898, removed the last disability imposed 
by this section. 

Amendment XV. — In order to secure full political rights 
for the negroes, the XVth Amendment was passed, as indi¬ 
cated on p. 51. 

The right of citizens of the United States to vote shall 
not be denied or abridged by the United States, or by any 
State, on account of race, color, or previous condition of 
servitude. . 

The Congress shall have power to enforce this article by 
appropriate legislation. 


N 


178 


THE NATIONAL GOVERNMENT. 


SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. What facts can be given showing the difficulty of amending the 

Articles of Confederation ? Fiske, Critical Period, 218-220. 

2. Is it now considered difficult to amend the Constitution ? Bryce, 

American Commonwealth, I, 359-362 (368-371). 

3. What were the conditions under which the Emancipation Procla¬ 

mation was issued ? Wilson, Division and Reunion, 226-228. 

4. Was the adoption of the XVth Amendment a wise policy ? 


CHAPTER XIX. 


THE GOVERNMENTS OF THE WORLD. 

Kinds of Governments. — It is customary to classify the 
governments of the world under two heads : (i) Republics, 
(2) Monarchies. The real nature of our Republic may be 
made more apparent by a comparison of our system with 
that of other republics, and with the governments of certain 
great monarchies. 

Our Federal Republic. — It has been emphasized in the 
course of our study that the States are vital parts in the 
political system which we call the Republic of the United 
States. The States are not mere administrative divisions 
of the Nation; they do not stand in the same relation to 
the National Government that counties bear to the State. 
They do not derive their powers from the National Govern¬ 
ment; nor, on the other hand, does the latter derive its 
powers from the States. The source of power for both is 
the same — “the people themselves, as an organized body 
politic.” The United States is, then, a Federal Republic. 
It is essential to understand that, in the division of powers 
between States and Nation, the latter is sovereign over the 
matters that are placed within its jurisdiction ; but it is a 
feature of our system no less essential (though less clearly 
understood by the people) that the States are as completely 
sovereign over matters that lie within their control. 


79 


l8o THE NATIONAL GOVERNMENT. 

France a Centralized Republic. — In France we find an 
entirely different type of republic — not federal, but cen¬ 
tralized. France is divided into eighty-six departments, 
which correspond in some respects to our States. But in 
their relation to the central government the difference is 
very striking; for the departments are merely administra¬ 
tive divisions of the central government. They have no 
original and no sovereign powers of government. The 
chief authority in each department is a prefect, who is ap¬ 
pointed by the Ministry of France (the central executive 
body) and is responsible to it. There is a legislative body 
in each department, called the general council, but the 
powers of this body are very much restricted. 

The national government of France exercises legislative 
authority upon many subjects in the departments, and it 
administers the laws directly. Consequently, the people’s 
powers of local self-government are very much less exten¬ 
sive than those enjoyed by the people in the United States. 
There result in France much greater uniformity of legis¬ 
lation and more effective administration; while in many 
parts of the United States local self-government results 
in corrupt laws and wasteful administration. But we 
believe that the people will become educated in the use 
of political power if the responsibility for its use rests 
upon them, rather than upon some central authority. 

The Swiss Republic.—An example of a federal repub¬ 
lic is the government of Switzerland. Here the cantons 
correspond to our States, and each canton has control 
over its own local affairs, without interference from the 
federal government. The chief features of the French 


THE GOVERNMENTS OF THE WORLD. i8l 


and the Swiss governments are indicated in the accom¬ 
panying outline:^ — 


United States 

Switzerland 

France 

Congress 

Federal Assembly 

The Chambers 

Senate 

State Council 

Senate 

Two members from 

Two members from 

300 members elected 

each State 

each canton 

by an electoral col¬ 
lege in each depart¬ 
ment 

Six years 



House of Repre¬ 

National Council 

Chamber of Deputies 

sentatives 



386 members elected 

147 members elected 

584 deputies elected 

by people 

by people 

by people 

Two years . 

Three years 

Four years 

President 

President 

President 

Elected by electors, 

Elected by Federal 

Elected by National 

i.e. by the people 
of the States 

Assembly 

Assembly; i.e. Sen¬ 
ate and Chamber 
of Deputies in joint 
session 

Four years 

One year 

Seven years 

Cabmet 

Federal Council 

Ministry 

Nine members ap¬ 

Seven members 

Twelve members ap¬ 

pointed by Presi¬ 

elected by Federal 

pointed by Presi¬ 

dent and Senate 

Assembly 

dent 


Constitutional Monarchies. — The monarchies of Europe 
are classified as (i) constitutional and (2) absolute, Russia 
and Turkey being the only ones of the latter class. In 
constitutional monarchies the ruler holds his position by 
heredity, but there exists also a constitution, which defines 

1 Among the South American repubhcs, Brazil, Mexico, and Argentine 
Republic are federal in nature, like the United States and Switzerland. 











i 82 


THE NATIONAL GOVERNMENT. 


the distribution of powers among the branches that com¬ 
pose the government and fixes the limits of authority vested 
in each. The British constitution is partly written, as 
found in the great historical documents of English history, 
such as Magna Charta (1215), the Petition of Right (1628), 
and the Bill of Rights (1689)^; and partly unwritten, con¬ 
sisting of precedents and customs which are recognized as 
authoritative. The constitutions of the other monarchies 
of Europe were made during the nineteenth century, and 
consequently they are younger than that of the United 
States. 

In all the constitutional monarchies we find legislative 
bodies similar to our Congress. In every case the lower 
house is elected by the voters; ^ in England, the Austrian 
Empire, Italy, and Spain, a number of the members of the 
upper house hold their position by hereditary right. In 
respect to. legislation, therefore, the constitutional mon¬ 
archies are all more or less republican in principle ; that 
is, they all recognize the supreme authority of the people 
acting through their representatives. 

The Cabinet System of Government. — In the relations 
existing between their legislative and executive depart¬ 
ments, the European governments differ considerably from 
that of the United States. In our government we find, 
theoretically at least, that these departments are separated; 
in the European governments there is a close interdepend¬ 
ence of the legislative and executive branches, through 
some form of “cabinet responsibility.” This “cabinet 
system ” of government is found in the republics as well as 

1 Compare the “ Bill of Rights ” in our Constitution; see pp. 256-257. 

2 Property qualifications for suffrage are common in European countries. 


THE GOVERNMENTS OF THE WORLD. 183 

in the constitutional monarchies of Europe, and in the 
self-governing British possessions, such as Canada and the 
Australian colonies.^ The difference between the Con¬ 
gressional and the cabinet systems is greater in appearance 
than in reality ; for in the United States the President 
and his Cabinet exert considerable influence upon legisla¬ 
tion. 


England 

Germany 

Monarch — hereditary in the line 
fixed by Parliament 

Emperor—hereditary 

King of Prussia 

Cabinet 

Nineteen members ^ chosen by 
the Prime Minister 

Mmistry 

Eight ministers. Chancellor at 
the head, appointed by the 
Emperor 

Parliainent 

Limit of term, seven years 

Parlia 77 ie 7 it 

Term, five years 

House of Lords 

586 members, holding seats 
(i) by heredity, (2) by 
appointment by Crown, 

(3) by election ^ 

Bimdesrath or Ge 7 ieral Council 

58 members appointed by the 
German States 

House of Cont 7 no 7 is 

670 members elected by the 
people of England, Scot¬ 
land, and Ireland 

Reichstag or Diet of the Real 77 t 
397 members elected by the 
people 


1 This system finds its best illustration in the English government, of which 
a brief description will be found in “ Government in State and Nation,” pp. 
178-179. For references, see questions 12, 15, and 16, p. 181. 

2 The number of members in the Ministries of England and Germany 
varies. 

3 Irish peers are elected for life, and Scottish peers are elected for the dura¬ 
tion of a Parliament. 








THE NATIONAL GOVERNMENT. 


184 

The Government of Russia. — “ The government of Rust 
sia is an absolute hereditary monarchy. The whole legis¬ 
lative, executive, and judicial power is united in the Czar, 
whose will alone is law. There are, however, certain rules 
of government which the sovereigns of the present reign¬ 
ing house have acknowledged as binding.” ^ There are 
four great councils which assist the emperor in the govern¬ 
ment of Russia. The country is divided into administra¬ 
tive districts, which are presided over by representatives of 
the Emperor and have supreme civil and military authority. 
The people of Russia, have, however, some measure of 
local self-government. This is seen in the communes, 
where the people (i.e., the householders) hold general 
meetings for the purpose of discussing local affairs and 
electing officers. 

The Form and the Spirit of Government. — The study of 
other governments and the comparison of them with our 
own will teach us that the virtue of a government resides, 
not in its framework, but in its spirit. A government may 
be monarchical in form and republican in its practical 
workings. In England and in others of the European 
monarchies, the will of the people is the law of the land. 
On the other hand, a government may be republican in 
form, and very unrepublican in its methods of operation. 
There are cities and States in our country where one man, 
the political boss, or a group of men, the political machine, 
dictates the course of legislation and controls the adminis¬ 
tration of the law. Here we find, in reality, not republican 
governments, but despotisms or oligarchies. 


1 “ Statesman’s Year Book,” 1902, p. 976, 


THE GOVERNMENTS OF THE WORLD. 


185 


The final test of a government is found in the responsive¬ 
ness of the governing authorities to the will of the majority 
of the people. Wherever republican institutions are found, 
whether in republics or in monarchies, the people may 
rule if they will. Monarchical and aristocratic institutions 
do not in our time stand long in opposition to a determined 
public opinion; and, on the other hand, a framework 
of republican institutions will not insure the execution of 
the popular will. This can only be secured where high- 
minded citizens are vigilant in the performance of their 
political duties. 

SUPPLEMENTARY QUESTIONS AND REFERENCES. 

1. The relations of nations are governed by the rules of international 

law, Government in State and Nation, 352-354. 

2. What progress has been made in the direction of settling disputes 

between nations by arbitration instead of by war ? Government 
in State and Nation, 354 - 357 * Forum, 31: 197-208; Rev. of 
R’s, 21: 51 - 55 * 


PART III. 


STATE GOVERNMENTS. 

CHAPTER XX. 

THE ORIGIN OF STATE GOVERNMENTS. 

The First States. — In the study of United States his¬ 
tory, we learn how the thirteen English colonies were 
planted, and how they became populous and finally threw 
off the authority of the mother-country. The period of 
the Revolution, when independence was secured, is also 
the period when the colonies transformed themselves into 
States. This change was not a radical one, for each State 
government was modeled closely upon the colonial govern¬ 
ment that was superseded. We must study the colonial 
governments, then, to find the origin of the systems estab¬ 
lished in the thirteen original States. These States in turn 
influenced the forms of government adopted by the new 
States as they were admitted into the Union. 

The New States of the West. — As in local, so in State 
government, the settlers of the West carried with them the 
ideas to which they had been accustomed in the sections 
from which they migrated. Doubtless, too, the people of 
the West have been much influenced in the formation 

186 


THE ORIGIN OF STATE GOVERNMENTS. 187 

of their governments by the example of neighboring com¬ 
munities and by the model set for them by the United 
States government. 

The colonial governments had many features in common ; 
for they embodied the political traditions of the mother- 
country. There were in each colony legislative, executive, 
and judicial departments. 

Colonial Assemblies. — The most noticeable feature of 
these governments is the assembly which existed in every 
colony and was in every case elected by the people. Here 
we find the principle of representative government, which 
had been recognized in England as essential to politi¬ 
cal liberty, cherished and maintained by Englishmen in 
America. The colonial assemblies had various names. In 
Virginia the members of the House of Burgesses were 
elected from the counties; in Massachusetts deputies were 
elected to the General Court from the towns. 

Governors of the Colonies. — There was less uniformity 
in the executive departments of the colonies, for, although 
each had a governor, these officers obtained their positions 
in three different ways. At the time of the Revolution, 
the governors of eight colonies were appointed by the 
King of England; the governors of Pennsylvania, Mary¬ 
land, and Delaware were appointed by the proprietors of 
those colonies; and the governors of the two remaining 
colonies—Rhode Island and Connecticut — were elected 
by the voters in accordance with the provisions of their 
charters. Because of these differences, we classify 
colonial governments as (i) Royal, (2) Proprietary, and 
(3) Charter. In several colonies the governor was assisted 


i88 


STATE GOVERNMENTS. 


by a council, and this body was sometimes the upper house 
of the colonial legislature. 

In these colonial institutions, then, we find the model for 
our present State governments, with their governors, leg¬ 
islatures, and judicial officers. Since the governors in 
most colonies represented the authority of the Crown, 
while the assemblies represented the people, disputes as 
to the authority of each were common. On the whole, 
the assemblies succeeded very well in maintaining their 
right to control the most important colonial affairs, in¬ 
cluding the raising of taxes. We find in these contests 
between royal governors and popular assemblies that 
spirit of free government which finally inspired the revolt 
against the mother-country. 

Colonial Charters. — In our early history we learn that 
many of the colonies were founded on the basis of charters, 
granted by royal authority. A charter contained a grant 
of land to an individual or to a company, and also a plan for 
the government of the colony. It was regarded as a sort 
of fundamental law to which the laws of the assembly and 
the orders of the governor must conform. If any of these 
laws or orders was considered to be in violation of the 
charter, the case was appealed to the colonial courts, or to 
the English government, and as a result, the act might 
be set aside by these authorities. Some colonies, Virginia, 
for example, lost their charters; but even then, the funda¬ 
mental ideas of their colonial governments, derived chiefly 
from these charters, were regarded as established, and 
not subject to change. So in every colony there grew up 
the idea of a government based on fixed principles, em- 


THE ORIGIN OF STATE GOVERNMENTS. 189 

bodied in charters, in written orders, or in well-established 
customs. 

Origin of State Constitutions. — In these facts we find 
the explanation of the State constitutions that were 
adopted during the period of the Revolution. When, by 
the advice of the Continental Congress, the authority of 
the English government was thrown off, it seemed necessary 
for each colony to make a re-statement of its plan of gov¬ 
ernment, of the authority vested in each department, and 
of the fundamental principles that were to be the guide of 
all political action in the new States. Connecticut and 
Rhode Island preserved their charters as constitutions; 
the former until 1818, and the latter until 1842; in each 
of the other States a constitution was adopted between the 
years 1776 and 1784. 

How Constitutions are Formed. — Since our present 
National government went into operation (1789) thirty-two 
new States have been added to the original thirteen, and 
each has adopted a constitution as the basis of government. 
A State constitution is framed by a convention which is 
elected by the voters for that purpose. In most cases, 
after the completion of its work the convention submits 
the document to the voters for acceptance or rejection. 

The Contents of a State Constitution. — The constitution 
contains (i) a Bill of Rights stating the most important 
principles that should be recognized by any free govern¬ 
ment ; (2) an outline of the frame of government with its 
three departments; and (3) miscellaneous provisions, often 
very numerous, stating those features of the State govern- 


190 


STATE GOVERNMENTS. 


ment which are regarded as of so much importance that 
they should not be changed by the ordinary process of 
enacting a law. The changing of a constitutional pro¬ 
vision by amendment must include not only its approval 
by the legislature (sometimes two legislatures in succes¬ 
sion must approve it), but also its ratification by vote of 
the people. 

SUPPLEMENTARY QUESTIONS AND REFERENCES 

1. Is your State one of the original thirteen States ? If so, how has 

its government been changed since the adoption of the first 

constitution ? 

2. If yours is one of the Western States, how has the organization 

of its government been influenced ? 

3. How may your constitution be amended? 

4. On the origin of State governments, see Thwaites, The Colonies, 

58-63, 192-193, 271-277; Fisher, The Colonial Era, 208-211; 

Hart, Formation of the Union, 5-10, 13-17, 80-81 ; Channing, 

The United States of America, 26-36, 84-85 ; Sloane, French 

War and Revolution, 10-12. 

5. How are State constitutions amended? Bryce, Vol. I, 419-420 

(433-435) ; Ashley, The American Federal State, 566-571. 

6. Are State constitutions changed frequently? Bryce, Vol. I, 440- 

442 (456-458). 

7. Why are so many miscellaneous provisions included in Bills of 

Rights? Bryce, Vol. I, 426-428 (442-444). 


CHAPTER XXL 


STATE LEGISLATURES. 

The State Capital. — The capital city of a State is 
usually the center of its political life. This is especially 
true when the capital is also the metropolis, as in the case 
of Boston, or Indianapolis. In most cases, however, the 
seat of government is located in a smaller city. Here is 
the Capitol building, where the legislature meets in its reg¬ 
ular sessions to enact laws for the State. 

Legislatures are Representative Bodies. — A legislature 
is a most interesting body. In it sit the men whom the 
voters have selected to act for them in the important 
business of law-making. The legislators should therefore 
represent accurately the general opinion of the majority 
in the different sections of the State. Very often this 
theory is not realized in practice; for there are obstacles 
as we shall see, that stand in the way of exact representa¬ 
tion. 

Legislatures ^ vary greatly in size, the numbers ranging 
from fifty in Oregon to four hundred in New Hampshire. 
There are always two houses, one called the senate, and 
the other the house of representatives, or assembly. The 
latter contains the larger number of members. In some 

1 In many States the term “ General Assembly ” is used. 

191 


192 


STATE GOVERNMENTS. 


cases the terms of members of the two houses are the 
same, but more frequently the senators have longer terms 
than the representatives or assemblymen. Each house 
has a presiding officer. In the lower house a speaker is 
elected, while the lieutenant-governor is president of the 
senate in most States. There are, besides, clerks, the 
sergeant-at-arms, door-keepers, and other officers. 

Salaries and Sessions. — Members of legislatures are 
paid regular salaries; sometimes they receive a regular 
amount per day, or it may be a certain amount for each 
session or per year. In nearly every State sessions of the 
legislature occur biennially, only six States ^ having annual 
sessions. 

Legislative Districts. — Members of legislatures are 
elected from districts into which the State is divided. 
There are generally two sets of districts for the members 
of the two houses, respectively. In the formation of the 
districts, which is the work of the legislature, certain rules 
must be followed. These rules concerning apportionment 
may be prescribed in the State constitution. One such 
rule requires that the districts shall be as nearly uniform 
in population as practicable. The shifting of population in 
the course of years destroys the equality of districts in this 
respect, and so States are re-apportioned periodically; 
that is, new districts are made after a census has been 
taken. Districts are also supposed to be compact and 
convenient in shape. Sometimes the district lines are 
purposely arranged so that one political party will have the 

1 These are Massachusetts, Rhode Island, New York, New Jersey, South 
Carolina, and Georgia. 


STATE LEGISLATURES. 


193 


greatest number of votes in a majority of the districts. 
When this is done in violation of the rules governing 
apportionments, we have a “gerrymander.” This is one 
way in which unfair representation of the people in the 
legislature may come about. 

The Introduction of Bills. — All meetings organized for 
the transaction of business are governed by certain rules 
of parliamentary practice. Legislatures adopt such rules, 
and these contain detailed regulations which must be fol¬ 
lowed in the enactment of laws. Any person may propose 
the ideas for a new law, and may put them into the pre¬ 
scribed form of a “bill”; but only a member of the legis¬ 
lature may introduce the bill. This is the first step in the 
process of its passage. The bill is no sooner introduced 
than it is referred to a committee^ and this step requires 
some explanation. , 

Why Committees are Necessary. — When a legislative 
body is composed of a large number of members, and 
when a great amount of business is presented for its con¬ 
sideration, it becomes necessary to divide the work among 
groups of members, called committees. This is because it 
is impossible for every member to give time and attention 
to every item of business. So in the houses of a legisla¬ 
ture we have a large number of committees. To each are 
referred bills on certain subjects. There are committees 
on the appropriation of money, on taxes, railroads, educa¬ 
tion, public buildings, and on a great many other subjects. 
Committees hold sessions which are secret, unless they call 
in outsiders to give testimony or to make arguments relat¬ 
ing to bills that are before them for consideration. After 


o 


194 


STATE GOVERNMENTS. 


considering a bill, the committee is supposed to report to 
the house its judgment in the matter. 

The Work of a Committee. — A committee has great power over 
the bills given into its charge; it may change them or substitute a new 
bill for any of them. It may fail to take any action whatever upon a 
certain bill, and so in reality determine that it shall not become a law. 
The house may, however, order the committee to report the bill. In each 
case, when it reports a bill, the committee recommends that it should 
or should not pass. In most cases this recommendation is accepted by 
the house without question; for there are so many bills that only the 
most important can receive attention during the course of the session. 
A few bills, then, are fully debated and attract public notice; the great 
majority become laws without having received much consideration ex¬ 
cept such as was given them by the committees. 

The Passage of a Bill. — When a bill has passed one 
house of a legislature, it is sent to the other. Here it 
goes through the same process as before. It may be 
amended by this house, then it must^ be returned to the 
house where it was introduced and be repassed in its new 
form before going farther. 

Conference Committees. — If the two houses cannot agree 
upon the details of a bill, a cojiference co7nmittee may be 
appointed, composed of members from both of them. This 
committee endeavors to arrive at a compromise which will 
be acceptable to both houses. Generally, the result reached 
by the conference committee is accepted without further 
debate, and the bill is then passed. 

Methods of Voting.—There are several methods of vot¬ 
ing upon the passage of a bill, (i) If a vote is taken “ by 
acclamation,” the members answer in unison “ aye ” or 
“no.” ( 2 ) A rising vote may be called for, if the result is 


STATE LEGISLATURES. 


195 


in doubt, and then the members voting on each side must 
be counted. (3) Upon the passage of important bills, 
State constitutions provide that the vote shall be by “ yeas 
and nays ” ; or a request from a certain number of mem¬ 
bers may cause the vote to be taken in this way. Then 
each member’s name is called, and he responds by giving 
his vote.. This is made a matter of record in the journal 
of the house, so that the public may know the attitude of 
every member on the bill. Since the latter generally wish 
to retain the good opinion of their constituents, the taking 
of votes by this method may serve as a check upon unwise 
legislation. 

The Governor’s Approval or Veto. — Having passed both 
houses by majority votes, the bill is next sent to the gov¬ 
ernor for his signature. In all but three States (Ohio, 
North Carolina, and Rhode Island), if the governor dis¬ 
approves of the bill, he may veto it. In that case he 
returns it to the house where it originated, with his reasons 
for refusing his signature. If this house repasses the bill 
by a two-thirds majority, it is sent to the other house, and 
if it receives a similar vote here, it becomes a law without 
the governor’s signature. 

The Lobby in Legislatures. — This, in general, is the 
way in which laws are enacted. We must not think that 
bills have their origin in the common opinion of the entire 
body of legislators, or even in that of a majority of them. 
In every case a certain person is interested in putting a 
bill into form, introducing it, and persuading others to vote 
for it. Whether a bill receives any attention, therefore. 


196 


STATE GOVERNMENTS. 


depends as much upon the activity and skill of its pro¬ 
moters as it does upon the merits of the measure. By far 
the greater part of the work that is necessary to bring 
about the enactment of a law must be done outside of the 
legislative sessions, either in the committee rooms, or in 
the lobbies of the capitol, or at the hotels and other places 
where members congregate. It is the personal solicitation 
for votes that really determines whether a bill shall pass, 
rather than the public debates. Work of this nature, either 
for or against a pending bill, is called “lobbying.” “The 
lobby ” is composed of persons, not members of the legis¬ 
lature, who use their influence during a session to bring 
about the passage or the defeat of a bill. 

Why Bad Laws are Enacted. — Now, the facts above 
stated apply to the passage of both good.and bad meas¬ 
ures. Some of the latter kind become laws because mem¬ 
bers have been offered inducements to vote for them. 
These inducements may be in the form of political advan¬ 
tages and influence to be used in favor of these members ; 
or appointments to positions for members or their friends; 
or money itself may be paid for votes. Because so many 
corrupt means are employed to obtain votes, the term 
“ lobbyist ” has taken on a bad meaning. Laws have been 
enacted which are intended to check the evils of lobbying; 
but these are not very efficient. The only safeguard 
against bad laws will be found in the election to our legis¬ 
latures of men who cannot be bribed. 

Another source of evil legislation is the haste with 
which laws are sometimes passed. Toward the end of a 
session, especially, bills are voted upon without adequate 


STATE LEGISLATURES. 


197 


time and attention being devoted to them. As a conse¬ 
quence, bad measures slip through unnoticed. 

Again, members of legislatures may be induced to vote 
for unwise bills merely because they are favored by one 
political party or the other. When a member “ votes with 
the party ” under all circumstances, he surrenders his inde¬ 
pendence and becomes a part of the “political machine” 
regardless of the people’s interests. 

Restrictions upon Legislatures. — Probably the most 
fruitful source of bad laws is the greed that is displayed 
by many persons who have political influence. The public 
treasury is regarded by them as legitimate plunder, and 
numberless schemes are originated for getting money 
from it without rendering to the State a fair return. Con¬ 
sequently, constitutions contain restrictions upon the en¬ 
actment of laws relating to finances. In many other ways 
State legislatures are restricted in the subjects and the 
manner of legislation. Evidently this is necessary because 
the representatives of the people sometimes betray public 
interests. It is exceedingly desirable, therefore, that citi¬ 
zens should be intelligent in political matters and watchful 
in guarding their rights. But, we repeat, the surest way 
to have good laws is to elect good men to our legislatures. 

.SUPPLEMENTARY QUESTIONS. 

For the study of your State legislature : — 

1. Learn the number of members in each house ; the time of their 

election ; their terms and salaries. What officers has each 
house ? 

2. When was the last apportionment made? In what districts do 

you live ? Compare their size and population with other districts. 


igS 


STATE GOVERNMENTS. 


3. The Blue Book or Legislative Manual gives the list of committees 

for each house; also the exact procedure in the passage of bills. 

4. Is lobbying an evil in your legislature ? Can you find instances in 

which persons lobbied for a good law ? 

5. How does your constitution restrict the legislature as to (i) the 

manner of enacting laws ; (2) the subjects of legislation ? Why 
is each restriction necessary ? 

REFERENCES. 

1. Interesting facts concerning State legislatures are given in Bryce, 

I, 466-470 (486-490). Their faults are discussed on pp. 526-531 

(550-555)- 

2. Many important items regarding legislatures in all the States are 

tabulated in Ashley, The American Federal State, 584-585. 

3. What is meant by “ proportional representation”? Government 

in State and Nation, 13-14; and references, 18. ‘ 

4. Direct legislation (initiative and referendum). Ibid., 14-15, and 

references, 18, 

5. W’^hat abuses exist in connection with legislatures ? N. Am. Rev., 

170: 367-373. What remedies may be suggested ? Ibid., 373-383. 
Who is responsible for corrupt legislation ? Outlook, 71: 469-471. 


CHAPTER XXII. 


STATE EXECUTIVE AND ADMINISTRATIVE DEPART¬ 
MENTS. 

The Governor : His Salary and Term. — We have noticed 
in a previous chapter the necessity for having chief execu¬ 
tives in towns, villages, and cities. The State, also, has 
its head executive officer, the governor, who is elected by 
the people. A lieutenant-governor is elected at the same 
time with the governor, and he acts in the place of the 
latter when there is a vacancy. The governor resides at 
the State capital, and has offices in the capitol building. 
The State may also provide an “ executive mansion,” to be 
used as the governor’s residence. The salaries paid to 
governors vary in different States from ^1500 to 10,000 a 
year. In about one-half of the States the governor’s term 
is two years ; in the other half it is four years, except that 
in Massachusetts and Rhode Island it is one year, and in 
New Jersey three years. 

The Execution of Laws. — As the governor is the chief 
executive of the State, his most important powers are 
directed toward the enforcement of the law. Under or¬ 
dinary circumstances the violation of the laws is checked 
and punished by officers of the local governments. We 
have seen that it is the duty of sheriffs and police officers 

199 


200 


STATE GOVERNMENTS. 


to execute State laws in their respective localities. The 
same may be said of other executive and administrative 
officers in the local divisions. In some cases the neglect 
of duty by one of these officers may be the cause of his 
removal by the governor. But under ordinary circum¬ 
stances the governor has little occasion to interfere with 
the local administration of the law. In times of public 
tumult, however, when disorder or rioting prevails in any 
locality to such an extent that the local officers cannot 
control it, the governor may take charge of affairs for the 
purpose of bringing about peace and order. He does this 
with the help of the State militia, or the National Guard, 
as this is called. 

The State Militia. — Militia companies are organized in almost every 
State of the Union. Each company is composed of men who are 
banded together for purposes of military drill; they are furnished with 
arms and uniforms, and they pledge themselves to respond to a call for 
service at any time. The governor is the commander of the State 
militia, and there are officers subordinate to him. Sometimes the 
militia is called out to assist in the protection of property after some 
public disaster, such as a flood or a tornado.^ 

Legislative Powers of the Governor. — The governor’s 
powers are not exclusively executive, for he has some powers 
in connection with legislation, (i) His right to sign and veto 
bills may be mentioned under this head. (2) Then, too, he 
sends messages to the legislature recommending measures 
that he thinks wise. (3) He may call a special session of 
the legislature to consider any matter that requires imme¬ 
diate attention. Besides these direct legislative functions, 

1 We speak here of the organized militia. For another use of the term, 
see p. 106. 


EXECUTIVE DEPARTMENT. 


201 


the governor generally exerts great influence in connection 
with the work of the legislature. He is naturally one of 
the leaders of his party, and his followers look to him for 
the framing and the carrying out of policies that will in¬ 
crease their party’s influence. Sometimes this considera¬ 
tion, rather than the general interests of the people, seems 
to determine the governor’s attitude toward the making 
and the enforcement of laws. 

The Pardoning Power. — The governor has at least one 
function that would be classed as judicial. He may pardon 
criminals who have been sentenced to punishment by the 
courts. This may be done at any time before the expi¬ 
ration of the term of punishment. The friends of the 
prisoner petition the governor for the pardon, and he 
reviews the testimony and hears arguments in the case 
before deciding it. The withholding of the punishment for 
a time is called a reprieve ; if the punishment is changed by 
the governor to one of less severity, it is a commutation. 
In a few States the pardoning power is vested in a board 
instead of in the governor. This may be because of a 
desire to relieve the latter from the labor involved in such 
affairs; or because the pardoning power in the hands of 
governors has sometimes been abused. 

The State Administrative Officers. — The governor is 
incapable of attending to all the details involved in admin¬ 
istering State affairs; so there are many other State 
officers with whom he shares these duties. Some of these 
will now be mentioned. 

Like the clerk in the local government, the Secretary of 
State is the keeper of State records. In his office the 


202 


STATE GOVERNMENTS. 


laws and other official acts are recorded, and to them the 
official seal of the State is given. The State Treasurer 
collects and pays out money. Most states have an officer 
called auditor or comptroller, who has very important duties 
in connection with finances. It is his business to examine 
and approve or disapprove all orders for the payment of 
money; so that unjust claims may not be paid. The 
attorney-general of the State is a lawyer who gives legal 
advice to the governor and administrative officers, and 
who takes charge of important suits in which the State is 
a party. 

The administrative officers mentioned above are in most 
instances elected by the people at the same time with the 
governor and the members of the legislature. Among 
those that are now to be enumerated, the larger number 
are appointed by the governor, though in some cases they 
obtain office by election. 

Penal and Charitable Institutions. — A very important 
part of the work of a State is found in its support of penal 
and charitable institutions. Under the former fall the 
prisons and reformatories. Of the charitable institutions, 
there are asylums for the insane, schools for the deaf and 
blind, and homes for dependent children. The manage¬ 
ment of these institutions is carried on in several different 
ways, (i) There may be a separate board of trustees for 
each institution. In most cases each board exercises its 
powers independently of the others. (2) Since uniformity 
of management seems desirable, to some extent, many 
States have central boards which have power to inspect 
these institutions and more or less power to supervise their 


EXECUTIVE DEPARTMENT. 


203 


management. (3) In a few States the process of central¬ 
ization has gone a step farther: the separate boards of 
trustees have been abolished, and the entire control of all 
the institutions is given to a single board. 

The Department of Education. — The management of our 
public schools, we shall see in a later chapter, is princi¬ 
pally in the hands of local officers — the school boards of 
towns, villages, and cities. But every State has also a State 
superintendent or a board of education, who supervise to 
some extent the administration of State laws by the local 
boards. Considerable influence may be exerted by the 
State department of education in the direction of raising 
the standard of qualifications for teachers and in promot¬ 
ing the progress of education throughout the State. When 
the State supports a university and normal schools, these 
have their boards of trustees, or regents. 

The State Board of Health. — We have noticed that in 
educational matters State officers supervise the local 
administration of laws upon this subject. It is one pur¬ 
pose of this arrangement to secure uniformity; thorough¬ 
ness of administration is another object sought, for local 
officers are sometimes lax in the execution of their duties. 
These observations apply to other subjects than education, 
and among these is the subject of public health.^ There 
are State boards of health that have authority to assist 
local health officers, or to compel the latter to administer 
the laws properly. 


1 Some of the purposes of health regulations have been mentioned. See 


204 


STATE GOVERNMENTS. 


Boards of Examiners. — In many other ways State offi¬ 
cers are engaged in protecting the interests of the public. 
There are often boards of examiners who have authority 
to grant licenses to persons wishing to practice medicine, 
dentistry, pharmacy, or law. Only those who possess 
these licenses, and others who are graduates of professional 
schools in good standing, may engage in these pursuits; 
and the boards of examiners must enforce the laws on this 
subject. By such measures the State protects its citizens 
against persons who would impose upon them. 

The State Supervision of Industries. — Many States have 
officers or boards who administer the laws relating to 
banks, railways, and insurance. The powerful corporations 
engaged in these kinds of business require supervision 
because the interests of vast numbers of people are affected 
by their management; also because these corporations, if 
mismanaged, may work such injury to their patrons that no 
means can be found for making adequate reparation to those 
who suffer. Examples of this may be found in railway disas¬ 
ters and in the failures of banks and insurance companies. 

It is becoming quite common for States to undertake, 
through special officers, the inspection of factories, mines, 
and workshops. The State inspectors enforce numerous 
laws, some of which regulate the employment of women 
and children; others require that factories and shops shall 
have a proper amount of light and ventilation, that fire- 
escapes shall be provided, and that dangerous machinery 
shall be surrounded by guard rails. 

Game Laws. — Finally, besides guarding the health, 
financial interests, and safety of its citizens, the State gov- 


EXECUTIVE DEPARTMENT. 


205 


eminent undertakes to supervise their sports by means of 
game laws. These laws aim to protect wild animals 
against wholesale or wanton destruction, by prohibiting 
hunting except during certain seasons. Similar laws are 
enacted for the preservation, and sometimes for the propa¬ 
gation, of fish. 

The State Government and the People. — All of the va¬ 
rious activities of the State serve to remind us that the real 
source of government is in the people. These laws are 
made by their representatives, not by some external author¬ 
ity ; the people take these ways of protecting themselves 
against certain evils and inconveniences. The State offi¬ 
cers are not rulers set over the people to enforce their own 
wills, but they are the people’s servants attending to pub¬ 
lic interests which the citizens could not manage for them¬ 
selves. 

Whether the activities of the State government should 
penetrate still farther into the affairs that are now man¬ 
aged by local governments, and whether its control should 
be extended into new fields and over other enterprises, are 
questions very difficult to answer. Such tendencies are 
centralizing in nature, and their wisdom is debatable. 

SUPPLEMENTARY QUESTIONS. 

For the study of your State government: — 

1. Learn what you can of the capitol building and the executive 

mansion. 

2. What is the governor’s salary? Is there a “contingent fund” 

besides? 

3. How many militia companies are organized in the State ? The 

State laws tell the number of men and officers composing each 


206 


STATE GOVERNMENTS. 




company, battalion, and regiment. Do you know an instance 
when the militia was called into service ? 

4. Make a complete list of the administrative officers and boards. 

Which are elected, and which appointed ? Schools may obtain 
the reports of State officers, showing the workings of the various 
departments. 

5. What penal and charitable institutions are there? How are they 

managed ? 

6. What are the State educational institutions? Under whose con¬ 

trol is each ? 

7. What are some of the laws relating to factories, and to the em¬ 

ployment of women and children? 

8. What are some of the game laws ? Do you think them wise ? 

9. Have you noticed any tendency toward the further extension of 

the State government into local affairs ? 


REFERENCES. 

1. The extension of State authority with regard to the management 

of roads. Forum, 26: 668-672. Highway Construction in 

Massachusetts, Pop. Sci. Mo., 51: 73-82. 

2. General facts concerning State executive and administrative offi¬ 

cers are given in Bryce, Vol. I, Chapter 41, 


APPENDIX A 


CONSTITUTION 

OF THE 

UNITED STATES OF AMERICA 

We the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquillity, provide for the 
common defense, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 

ARTICLE I. 

Section I. All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate and a 
House of Representatives. 

Sect. II. i. The House of Representatives shall be composed of 
members chosen every second year by the people of the several States, 
and the electors in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State Legislature. 

2. No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of that 
State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according to 
their respective numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to service for a 


207 



208 


APPENDIX A. 


term of years, and excluding Indians not taxed, three fifths of all other 
persons. The actual enumeration shall be made within three years 
after the first meeting of the Congress of the United States, and within 
every subsequent term of ten years, in such manner as they shall by 
law direct. The number of Representatives shall not exceed one for 
every thirty thousand, but each State shall have at least one representa¬ 
tive ; and until such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three, Massachusetts eight, 
Rhode Island and Providence Plantations one, Connecticut five. New 
York six. New Jersey four, Pennsylvania eight, Delaware one, Mary¬ 
land six, Virginia ten, North Carolina five, South Carolina five, and 
Georgia three. 

4. When vacancies happen in the representation from any State, 
the Executive authority thereof shall issue writs of election to fill such 
vacancies. 

5. The House of Representatives shall choose their Speaker and 
other officers; and shall have the sole power of impeachment. 

Sect. III. i. The Senate of the United States shall be composed 
of two Senators from each State, chosen by the legislature thereof, for 
six years; and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally, as may be into three 
classes. The seats of the Senators of the first class shall be vacated at 
the expiration of the second year, of the second class at the expiration 
of the fourth year, and of the third class at the expiration of the sixth 
year, so that one third may be chosen every second year; and if 
vacancies happen by resignation or otherwise, during the recess of the 
legislature of any State, the Executive thereof may make temporary 
appointments until the next meeting of the legislature, which shall then 
fill such vacancies. 

3. No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

4. The Vice-President of the United States shall be President of the 
Senate, but shall have no vote, unless they be equally divided. 


CONSTITUTION OF THE UNITED STATES. 20g 


5. The Senate shall choose their other officers, and also a President 
pro tempore^ in the absence of the Vice-President, or when he shall 
exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside: and no person shall be convicted without the concur¬ 
rence of two thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any office 
of honor, trust or profit under the United States: but the party con¬ 
victed shall nevertheless be liable and subject to indictment, trial, judg¬ 
ment and punishment, according to law. 

Sect. IV. i. The times, places and manner of holding elections 
for Senators and Representatives shall be prescribed in each State by 
the legislature thereof ; but the Congress may at any time by law 
make or alter such regulations, except as to the places of choosing 
Senators. 

2. The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day. 

Sect. V. i. Each house shall be the judge of the elections, returns 
and qualifications of its own members, and a majority of each shall con¬ 
stitute a quorum to do business; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attendance of 
absent members, in such manner, and under such penalties, as each 
house may provide. 

2. Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and with the concurrence of two 
thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may in their judgment 
require secrecy; and the yeas and nays of the members of either house 
on any question shall, at the desire of one fifth of those present, be 
entered on the journal. 

4. Neither house, during the session of Congress, shall, without the 


210 


APPENDIX A. 


consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 

Sect. VI. i. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law and paid out 
of the treasury of the United States. They shall in all cases except 
treason, felony and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective houses, and 
in going to and returning from the same; and for any speech or debate 
in either house, they shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of the 
United States, which shall have been created, or the emoluments 
whereof shall have been increased, during such time; and no person 
holding any office under the United States shall be a member of either 
house during his continuance in offce. 

Sect. VII. i. All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose or concur with 
amendments as on other bills. 

2. Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a law, be presented to the 
President of the United States; if he approve he shall sign it, but if 
not he shall return it with his objections to that house in which it shall 
have originated, who shall enter the objections at large on their journal, 
and proceed to reconsider it. If after such reconsideration two thirds 
of that house shall agree to pass the bill, it shall be sent, together with 
the objections, to the other house, by which it shall likewise be recon¬ 
sidered, and, if approved by two thirds of that house, it shall become a 
law. But in all such cases the votes of both houses shall be determined 
by yeas and nays, and the names of the persons voting for and against 
the bill shall be entered on the journal of each house respectively. If 
any bill shall not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless the Congress by their 
adjournment prevent its return, in which case it shall not be a law. 

3. Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on a 


CONSTITUTION OF THE UNITED STATES. 211 


question of adjournment) shall be presented to the President of the 
United States; and before the same shall take effect, shall be approved 
by him, or being disapproved by him, shall be repassed by two thirds 
of the Senate and House of Representatives, according to the rules and 
limitations prescribed in the case of a bill. 

Sect. VIII. The Congress shall have power 

1. To lay and collect taxes, duties, imposts, and excises, to pay the 
debts and provide for the common defense and general welfare of the 
United States; but all duties, imposts and excises shall be uniform 
throughout the United States; 

2. To borrow money on the credit of the United States ; 

3. To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes; 

4. To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankmptcies throughout the United States ; 

5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

7. To establish post offices and post roads; 

8. To promote the progress of science and useful arts by securing 
for limited times to authors and inventors the exclusive right to their 
respective writings and discoveries ; 

9. To constitute tribunals inferior to the Supreme Court; 

10. To define and punish piracies and felonies committed on the 
high seas and offences against the law of nations; 

11. To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

12. To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regulation of the land 
and naval forces; 

15. To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections, and repel invasions; 

16. To provide for organizing, arming and disciplining the militia, 


212 


APPENDIX A. 


and for governing such part of them as may be employed in the service 
of the United States, reserving to* the States respectively the appoint¬ 
ment of the officers, and the authority of training the militia according 
to the discipline prescribed by Congress ; 

17. To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession of 
particular States, and the acceptance of Congress, become the seat 
of government of the United States, and to exercise like authority over 
all places purchased by the consent of the legislature of the State, in 
which the same shall be, for the erection of forts, magazines, arsenals, 
dockyards, and other needful buildings; — and 

18. To make all laws which shall be necessary and proper for carry¬ 
ing into execution the foregoing powers, and all other powers vested 
by this Constitution in the government of the United States, or in any 
department or office thereof. 

Sect. IX. i. The migration or importation of such persons as any 
of the States now existing shall think proper to admit shall not be pro¬ 
hibited by the Congress prior to the year one thousand eight hundred 
and eight; but a tax or duty may be imposed on such importation, not 
exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corp2is shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation, or other direct, tax shall be laid, unless in propor¬ 
tion to the census or enumeration herein before directed to be taken. 

5. No tax or duty shall be laid on articles exported from any State. 

6. No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another: nor shall 
vessels bound to, or from, one State, be obliged to enter, clear, or pay 
duties in another. 

7. No money shall be drawn from the treasury, but in consequence 
of appropriations made by law; and a regular statement and account of 
the receipts and expenditures of all public money shall be published 
from time to time. 

8. No title of nobility shall be granted by the United States : and no 


CONSTITUTION OF THE UNITED STATES. 213 


person holding any office of profit or trust under them, shall, without 
the consent of the Congress, accept of any present, emolument, office, 
or title, of any kind whatever, from any king, prince, or foreign state. 

Sect. X. i. No State shall enter into any treaty, alliance, or con¬ 
federation ; grant letters of marque and reprisal; coin money; emit bills 
of credit; make anything but gold and silver coin a tender in payment 
of debts; pass any bill of attainder, ex post facto law, or law impairing 
the obligation of contracts, or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay any im¬ 
posts or duties on imports or exports, except what may be absolutely 
necessary for executing its inspection laws: and the net produce of all 
duties and imposts, laid by any State on imports or exports, shall be 
for the use of the treasury of the United States ; and all such laws shall 
be subject to the revision and control of the Congress. 

3. No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops, or ships of war in time of peace, enter into any 
agreement or compact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger as 
will not admit of delay. 


ARTICLE II. 

Section I. i. The executive power shall be vested in a President 
of the United States of America. He shall hold his office during the 
term of four years, and together with the Vice-President, chosen for the 
same term, be elected as follows: 

2. Each State shall appoint, in such manner as the legislature thereof 
may direct, a number of electors, equal to the whole number of Senators 
and Representatives to which the State may be entitled in the Con¬ 
gress ; but no Senator or Representative, or person holding an office of 
trust or profit under the United States, shall be appointed an elector. 

[The electors shall meet in their respective States, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the 
same State with themselves. And they shall make a list of all the 
persons voted for, and of the number of votes for each ; which list they 
shall sign and certify, and transmit sealed to the seat of government of 
the United States, directed to the President of the Senate. The Presi- 


214 


APPENDIX A. 


dent of the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall be the 
President, if such number be a majority of the whole number of electors 
appointed; and if there be more than one who have such majority, and 
have an equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President; and if no 
person have a majority, then from the five highest on the list the said 
house shall in like manner choose the President. But in choosing the 
President the votes shall be taken by States, the representation from 
each State having one vote; a quorum for this purpose shall consist of 
a member or members from two thirds of the States, and a majority 
of all the States shall be necessary to a choice. In every case, after the 
choice of the President, the person having the greatest number of votes 
of the electors shall be the Vice-President. But if there should remain 
two or more who have equal votes, the Senate shall choose from them 
by ballot the Vice-President.] 

3. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes; which day shall be 
the same throughout the United States. 

4. No person except a natural born citizen, or a citizen of the United 
States, at the time of the adoption of this Constitution, shall be eligible 
to the office of President; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty-five years, and 
been fourteen years a resident within the United States. 

5. In case of the removal of the President from office or of his 
death, resignation, or inability to discharge the powers and duties of 
the said office, the same shall devolve on the Vice-President, and the 
Congress may by law provide for the case of removal, death, resigna¬ 
tion, or inability, both of the President and Vice-President, declaring 
what officer shall then act as President, and such officer shall act ac¬ 
cordingly, until the disability be removed, or a President shall be 
elected. 

6. The President shall, at stated times, receive for his services, a 
compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not re- 


CONSTITUTION OF THE UNITED STATES. 215 


ceive within that period any other emolument from the United States, 
or any of them. 

7. Before he enter on the execution of his office, he shall take the 
following oath or affirmation : — “I do solemnly swear (or affirm) that 
I will faithfully execute the office of President of the United States, 
and will to the best of my ability, preserve, protect and defend the 
Constitution of the United States.” 

Sect. II. i. The President shall be commander in chief of the 
army and navy of the United States, and of the militia of the several 
states, when called into the actual service of the United States ; he may 
require the opinion, in writing, of the principal officer in each of the 
executive departments, upon any subject relating to the duties of their 
respective offices, and he shall have power to grant reprieves and 
pardons for offenses against the United States, except in cases of im¬ 
peachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two thirds of the Senators present 
concur; and he shall nominate, and by and with the advice and con¬ 
sent of the Senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the Supreme Court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law: but the Congress may by 
law vest the appointment of such inferior officers, as they think proper, in 
the President alone, in the courts of law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions which 
shall expire at the end of their next session. 

Sect. III. He shall from time to time give to the Congress infor¬ 
mation of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both houses, or either of them, and 
in case of disagreement between them, with respect to the time of ad¬ 
journment, he may adjourn them to such time as he shall think proper; 
he shall receive ambassadors and other public ministers; he shall take 
care that the laws be faithfully executed, and shall commission all the 
officers of the United States. 


2i6 


APPENDIX A. 


Sect. IV. The President, Vice-President and all civil officers of 
the United States, shall be removed from office on impeachment for, 
and conviction of, treason, bribery, or other high crimes and misde¬ 
meanors. 


ARTICLE III. 

Section I. The judicial power of the United States, shall be vested 
in one Supreme Court, and in such inferior courts as Congress may 
from time to time ordain and establish. The judges, both of the 
Supreme and inferior courts, shall hold their offices during good be¬ 
havior, and shall, at stated times, receive for their services, a compen¬ 
sation, which shall not be diminished during their continuance in office. 

Sect. II. i. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made or which shall be made, under their authority ; 

— to all cases affecting ambassadors, other public ministers and con¬ 
suls ; — to all cases of admiralty jurisdiction; — to controversies to 
which the United States shall be a party; — to controversies between 
two or more States ; — between a State and citizens of another State ; 

— between citizens of different States;—between citizens of the same 
State claiming lands under grants of different States, and between a 
State, or the citizens thereof, and foreign states, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme Court 
shall have original jurisdiction. In all the other cases before men¬ 
tioned, the Supreme Court shall have appellate jurisdiction, both as to 
law and fact, with such exceptions, and under such regulations as the 
Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said crimes 
shall have been committed; but when not committed within any State, 
the trial shall be at such place or places as the Congress may by law 
have directed. 

Sect. III. i. Treason against the United States shall consist only 
in levying war against them, or in adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason unless 


CONSTITUTION OF THE UNITED STATES. 21/ 


on the testimony of two witnesses to the same overt act, or on confes¬ 
sion in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, or 
forfeiture except during the life of the person attainted. 


ARTICLE IV. 

Section I. Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceedings of every other State. 
And the Congress may by general laws prescribe the manner in which 
such acts, records, and proceedings shall be proved, and the effect 
thereof. 

Sect. II. i. The citizens of each State shall be entitled to all priv¬ 
ileges and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, shall 
on demand of the executive authority of the State from which he fled, 
be delivered up, to be removed to the State having jurisdiction of the 
crime. 

3. No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or reg¬ 
ulation therein, be discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such service or labor may 
be due. 

Sect. III. i. New States may be admitted by the Congress into 
this Union; but no new State shall be formed or erected within the 
jurisdiction of any other State; nor any State be formed by the junc¬ 
tion of two or more States, or parts of States, without the consent of 
the legislatures of the States concerned as well as of the Congress. 

2. The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property belong¬ 
ing to the United States; and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United States, or of any 
particular State. 

Sect. IV. The United States shall guarantee to every State in this 


2i8 


APPENDIX A. 


Union a republican form of government, and shall protect each of them 
against invasion; and on application of the legislature, or of the exec¬ 
utive (when the legislature cannot be convened) against domestic vio¬ 
lence. 

ARTICLE V. 

The Congress, whenever two thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the legislatures of two thirds of the several States, shall 
call a convention for proposing amendments, which, in either case shall 
be valid to all intents and purposes, as part of this Constitution, when 
ratified by the legislatures of three fourths of the several States, or by 
conventions in three fourths thereof, as the one or the other mode of 
ratification may be proposed by the Congress ; provided that no amend¬ 
ments which may be made prior to the year one thousand eight hun¬ 
dred and eight shall in any manner affect the first and fourth clauses in 
the ninth section of the first article ; and that no State, without its 
consent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

2. This Constitution, and the laws of the United States which shall 
be made in pursuance thereof; and all treaties made, or which shall be 
made, under the authority of the United States, shall be the supreme 
law of the land; and the judges in every State shall be bound thereby, 
anything in the Constitution or laws of any State to the contrary not¬ 
withstanding. 

3. The Senators and Representatives before mentioned, and the 
members of the several State legislatures, and all executive and judi¬ 
cial officers, both of the United States and of the several States, shall 
be bound by oath or affirmation, to support this Constitution; but no 
religious test shall ever be required as a qualification to any office or 
public trust under the United States. 


CONSTITUTION OF THE UNITED STATES. 


219 


ARTICLE VII. 

The ratification of the conventions of nine States, shall be sufficient 
for the establishment of this Constitution between the States so rati¬ 
fying the same. 

Done in Convention by the unanimous consent of the States present, 
the seventeenth day of September in the year of our Lord one thou¬ 
sand seven hundred and eighty-seven and of the Independence of 
the United States of America the twelfth. In witness whereof we 
have hereunto subscribed our names. 


[Signed by] 

New Hampshire. 
John Langdon, 
Nicholas Gilman. 

Massachusetts. 
Nathaniel Gorham, 
Rufus King. 

Connecticut. 
Wm. Sami. Johnson, 
Roger Sherman. 

New York. 
Alexander Hamilton. 

New Jersey. 
Wil; Livingston, 
David Brearley, 

Wm : Paterson, 

Jona: Dayton. 


G“ Washington, 

Presidt and Deputy fro 7 n Vh-ginia 


Pennsylvania. 
B Franklin, 

Thomas Mifflin, 
Robt. Morris, 

Geo. Clymer, 

Tho. Fitz Simons, 
Jared Ingersoll, 
James Wilson, 
Gouv Morris. 

Delaware. 
Geo: Read, 
Gunning Bedford, 
Jun, 

John Dickinson, 
Richard Bassett, 
Jaco: Broom, 


Virginia. 

John Blair, 

James Madison, Jr. 

North Carolina. 
Wm. Blount, 

Richd. Dobbs Spaight, 
Hu Williamson. 

South Carolina. 

J. Rutledge, 

Charles Cotesworth 
Pinckney. 

Charles Pinckney, 
Pierce Butler. 

Georgia. 
William P'ew, 

Abr Baldwin. 


Maryland. 

James McHenry, 

Dan of St. Thos. 

Jenifer, 

Danl Carroll. 

Attest: William Jackson, Secretary, 


220 


APPENDIX A. 


Articles in Addition to and Amendment of the Constitution 

OF THE United States of America, Proposed by Congress, 

AND Ratified by the Legislatures of the Several States, 

PURSUANT TO THE FiFTH ARTICLE OF THE ORIGINAL CONSTITU¬ 
TION. 

Article I. — Congress shall make no law respecting an establish¬ 
ment of religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech, or of the press; or the right of the people 
peaceably to assemble and to petition the government for a redress of 
grievances. 

Article II. — A well-regulated militia, being necessary to the se¬ 
curity of a free State, the right of the people to keep and bear arms, 
shall not be infringed. 

Article III. — No soldier shall, in time of peace be quartered in 
any house without the consent of the owner, nor in time of war, but in 
a manner to be prescribed by law. 

Article IV. — The right of the people to be secure in their per¬ 
sons, houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated, and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to be 
seized. 

Article V. — No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or indictment of a 
grand jury except in cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war or public danger; nor shall 
any person be subject for the same offense to be twice put in jeopardy 
of life or limb ; nor shall be compelled in any criminal case to be a wit¬ 
ness against himself, nor be deprived of life, liberty, or property, without 
due process of law; nor shall private property be taken for public use 
without just compensation. 

Article VI. — In all criminal prosecutions the accused shall enjoy 
the right to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which dis¬ 
trict shall have been previously ascertained by law, and to be informed 
of the nature and cause of the accusation; to be confronted with the 


CONSTITUTION OF THE UNITED STATES. 


221 


witnesses against him; to have compulsory process for obtaining wit¬ 
nesses in his favor, and to have the assistance of counsel for his defense. 

Article VII. —In suits at common law, where the value in contro¬ 
versy shall exceed twenty dollars, the right of trial by jury shall be pre¬ 
served, and no fact tried by a jury shall be otherwise reexamined in 
any court of the United States, than according to the rules of the com¬ 
mon law. 

Article VIII. — Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments inflicted. 

Article IX. —The enumeration in the Constitution, of certain 
rights, shall not be construed to deny or disparage others retained by 
the people. 

Article X. — The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

Article XI. — The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, commenced or prose¬ 
cuted against one of the United States by citizens of another State, or 
by citizens or subjects of any foreign state. 

Article XII. — i. The electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, one of whom, at 
least, shall not be an inhabitant of the same State with themselves; 
they shall name in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice-President, and they shall 
make distinct lists of all persons voted for as President, and of all per¬ 
sons voted for as Vice-President, and of the number of votes for each, 
which lists they shall sign and certify, and transmit sealed to the 
seat of government of the United States, directed to the President of 
the Senate; — the President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates and the 
votes shall then be counted; — the person having the greatest number 
of votes for President shall be the President, if such number be a 
majority of the whole number of electors appointed; and if no person 
have such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 


s 


222 


APPENDIX A. 


President. But in choosing the President, the votes shall be taken by 
States, the representation from each State having one vote; a quorum 
for this purpose shall consist of a member or members from two thirds 
of the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a Presi¬ 
dent whenever the right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice-President shall act as 
President, as in the case of the death or other constitutional disability 
of the President. — The person having the greatest number of votes 
as Vice-President, shall be the Vice-President, if such number be a 
majority of the whole number of electors appointed, and if no person 
have a majority, then from the two highest numbers on the list, the 
Senate shall choose the Vice-President; a quorum for the purpose shall 
consist of two thirds of the whole number of Senators, and a majority 
of the whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of President shall be eligible to 
that of Vice-President of the United States. 

Article XIII.—Section i. Neither slavery nor involuntary servi¬ 
tude, except as a punishment for crime whereof the party shall have 
been duly convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 

Article XIV.—Section i. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the privileges or immunities 
of citizens of the United States ; nor shall any State deprive any person 
of life, liberty, or property, without due process of law; nor deny to any 
person within its jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole num¬ 
ber of persons in each State, excluding Indians not taxed. But when 
the right to vote at any election for the choice of Electors for President 
and Vice-President of the United States, Representatives in Congress, 
the executive and judicial officers of a State, or the members of the 


CONSTITUTION OF THE UNITED STATES. 223 

legislature thereof, is denied to any of the male inhabitants of such 
State, being twenty-one years of age and citizens of the United States, 
or in any way abridged, except for participation in rebellion, or other 
crime, the basis of representation therein shall be reduced in the pro¬ 
portion which the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such State. 

Section 3. No person shall be a Senator or Representative in 
Congress, or Elector of President and Vice-President, or hold any 
office, civil or military, under the United States, or under any State, 
who, having previously taken an oath, as a member of Congress, or as 
an officer of the United States, or as a member of any State legislature, 
or as an executive or judicial officer of any State, to support the Con¬ 
stitution of the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the enemies 
thereof. But Congress may by a vote of two thirds of each house, 
remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any State shall 
assume or pay any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the loss or emanci¬ 
pation of any slave; but'all such debts, obligations, and claims shall be 
held illegal and void. 

Section 5. The Congress shall have power to enforce by appropriate 
legislation the provisions of this article. 

Article XV.—Section i. The right of citizens of the United 
States to vote shall not be denied or abridged by the United States or 
any State on account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article by 
appropriate legislation. 


APPENDIX B 


ARTICLES OF CONFEDERATION 

Articles of Confederation and Perpetual Union between the States of 
New Hainpshire^ Massachusetts Bay., Rhode Island and Providence 
Plantations, Connecticut, New York, New Jersey, Pettnsylvania, 
Delaware, Maryland, Virginia, North Carolina, South Carolma, 
and Georgia. 

Article I. — The style of this Confederacy shall be, “The United 
States of America.” 

Art. II. — Each State retains its sovereignty, freedom, and inde¬ 
pendence, and every power, jurisdiction, and right, which is not by this 
Confederation expressly delegated to the United States in Congress 
assembled. 

Art. III. — The said States hereby severally enter into a firm league 
of friendship with each other, for their common defense, the security of 
their liberties, and their mutual and general welfare, binding themselves 
to assist each other against all force offered to, or attacks made upon 
them, or any of them, on account of religion, sovereignty, trade, or any 
other pretense whatever. 

Art. IV. — The better to secure and perpetuate mutual friendship 
and intercourse among the people of the different States in this Union, 
the free inhabitants of each of these States, paupers, vagabonds, and 
fugitives from justice excepted, shall be entitled to all privileges and 
immunities of free citizens in the several States; and the people of 
each State shall have free ingress and egress to and from any other 
State, and shall enjoy therein all the privileges of trade and commerce 
subject to the same duties, impositions, and restrictions as the inhabit¬ 
ants thereof respectively; provided that such restrictions shall not 


224 


ARTICLES OF CONFEDERATION. 


225 


extend so far as to prevent the removal of property imported into any 
State to any other State of which the owner is an inhabitant; provided 
also, that no imposition, duties, or restriction shall be laid by any State 
on the property of the United States or either of them. If any person 
guilty of, or charged with, treason, felony, or other high misdemeanor 
in any State shall flee from justice and be found in any of the United 
States, he shall, upon demand of the governor or executive power of 
the States from which he fled, be delivered up and removed to the State 
having jurisdiction of his offense. Full faith and credit shall be given 
in each of these States to the records, acts, and judicial proceedings of 
the courts and magistrates of every other State. 

Art. V. — For the more convenient management of the general in¬ 
terests of the United States, delegates shall be annually appointed in 
such manner as the Legislature of each State shall direct, to meet 
in Congress on the first Monday in November in every year with a 
power reserved to each State to recall its delegates, or any of them, at 
any time within the year, and to send others in their stead for the 
remainder of the year. No State shall be represented in Congress by 
less than two, nor by more than seven members; and no person shall 
be capable of being a delegate for more than three years in any term 
of six years ; nor shall any person, being a delegate, be capable of hold¬ 
ing any office under the United States for which he, or another for his 
benefit, receives any salary, fees, or emolument of any kind. Each 
State shall maintain its own delegates in any meeting of the States and 
while they act as members of the Committee of the States. In deter¬ 
mining questions in the United States in Congress assembled, each 
State shall have one vote. Freedom of speech and debate in Congress 
shall not be impeached or questioned in any court or place out of Con¬ 
gress ; and the members of Congress shall be protected in their persons 
from arrest and imprisonment during the time of their going to and 
from, and attendance on. Congress, except for treason, felony, or breach 
of the peace. 

Art. VI. — No State, without the consent of the United States, in 
Congress assembled, shall send any embassy to, or receive any embassy 
from, or enter into any conference, agreement, alliance, or treaty with 
any king, prince, or state; nor shall any person holding any office of 


226 


APPENDIX B. 


profit or trust under the United States, or any of them, accept of any 
present, emolument, office, or title of any kind whatever from any king, 
prince, or foreign state ; nor shall the United States, in Congress assem¬ 
bled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confederation, or 
alliance whatever between them, without the consent of the United 
States, in Congress assembled, specifying accurately the purposes for 
which the same is to be entered into, and how long it shall continue. 

No State shall lay any imposts or duties which may interfere with 
any stipulations in treaties entered into by the United States, in Con¬ 
gress assembled, with any king, prince, or state, in pursuance of any 
treaties already proposed by Congress to the courts of France and Spain. 

No vessels of war shall be kept up in time of peace by any State, 
except such number only as shall be deemed necessary by the United 
States, in Congress assembled, for the defense of such State or its 
trade, nor shall any body of forces be kept up by any State in time of 
peace, except such number only as, in the judgment of the United 
States, in Congress assembled, shall be deemed requisite to garrison 
the forts necessary for the defense of such State; but every State shall 
always keep up a well-regulated and disciplined militia, sufficiently 
armed and accoutered, and shall provide and constantly have ready for 
use in public stores a due number of field-pieces and tents, and a proper 
quantity of arms, ammunition, and camp equipage. 

No State shall engage in any war without the consent of the United 
States, in Congress assembled, unless such State be actually invaded 
by enemies, or shall have received certain advice of a resolution being 
formed by some nation of Indians to invade such State, and the danger 
is so imminent as not to admit of a delay till the United States, in Con¬ 
gress assembled, can be consulted ; nor shall any State grant commissions 
to any ships or vessels of war, nor letters of marque or reprisal, except 
it be after a declaration of war by the United States, in Congress 
assembled, and then only against the kingdom or state, and the subjects 
thereof, against which war has been so declared, and under such regula¬ 
tions as shall be established by the United States, in Congress assem¬ 
bled, unless such State be infested by pirates, in which case vessels of 
war may be fitted out for that occasion, and kept so long as the danger 


ARTICLES OF CONFEDERATION. 


227 

shall continue, or until the United States, in Congress assembled, shall 
determine otherwise. 

Art. VII. — When land forces are raised by any State for the com¬ 
mon defense, all officers of or under the rank of Colonel shall be 
appointed by the Legislature of each State respectively by whom such 
forces shall be raised, or in such manner as such State shall direct, and 
all vacancies shall be filled up by the State which first made the 
appointment. 

Art. VIII. — All charges of war, and all other expenses that shall 
be incurred for the common defense, or general welfare, and allowed by 
the United States, in Congress assembled, shall be defrayed out of a 
common treasury, which shall be supplied by the several States in pro¬ 
portion to the value of all land within each State, granted to, or sur¬ 
veyed for, any person, as such land and the buildings and improvements 
thereon shall be estimated, according to such mode as the United States, 
in Congress assembled, shall, from time to time, direct and appoint. 
The taxes for paying that proportion shall be laid and levied by the 
authority and direction of the Legislatures of the several States, within 
the time agreed upon by the United States, in Congress assembled. 

Art. IX. — The United States, in Congress assembled, shall have 
the sole and exclusive right and power of determining on peace and 
war, except in the cases mentioned in the sixth Article; of sending and 
receiving ambassadors; entering into treaties and alliances, provided 
that no treaty of commerce shall be made, whereby the legislative power 
of the respective States shall be restrained from imposing such imposts 
and duties on foreigners as their own people are subjected to, or from 
prohibiting the exportation or importation of any species of goods or 
commodities whatever; of establishing rules for deciding, in all cases, 
what captures on land and water shall be legal, and in what manner 
prizes taken by land or naval forces in the service of the United States 
shall be divided or appropriated; of granting letters of marque and 
reprisal in times of peace; appointing courts for the trial of piracies 
and felonies committed on the high seas; and establishing courts for 
receiving and determining finally appeals in all cases of captures; pro¬ 
vided that no member of Congress shall be appointed a judge of any of 
the said courts. 


228 


APPENDIX B. 


The United States, in Congress assembled, shall also be the last 
resort on appeal in all disputes and differences now subsisting, or that 
hereafter may arise between two or more States concerning boundary, 
jurisdiction, or any other cause whatever; which authority shall always 
be exercised in the manner following: Whenever the legislative or 
executive authority, or lawful agent of any State in controversy with 
another, shall present a petition to Congress, stating the matter in ques¬ 
tion, and praying for a hearing, notice thereof shall be given by order 
of Congress to the legislative or executive authority of the other State 
in controversy, and a day assigned for the appearance of the parties by 
their lawful agents, who shall then be directed to appoint, by joint con¬ 
sent, commissioners or judges to constitute a court for hearing and 
determining the matter in question; but if they cannot agree. Congress 
shall name three persons out of each of the United States, and from the 
list of such persons each party shall alternately strike out one, the peti¬ 
tioners beginning, until the number shall be reduced to thirteen; and 
from that number not less than seven nor more than nine names, as 
Congress shall direct, shall, in the presence of Congress, be drawn out 
by lot; and the persons whose names shall be so drawn, or any five of 
them, shall be commissioners or judges, to hear and finally determine 
the controversy, so always as a major part of the judges who shall hear 
the cause shall agree in the determination; and if either party shall 
neglect to attend at the day appointed, without showing reasons which 
Congress shall judge sufficient, or being present, shall refuse to strike, 
the Congress shall proceed to nominate three persons out of each State, 
and the secretary of Congress shall strike in behalf of such party absent 
or refusing; and the judgment and sentence of the court, to be ap¬ 
pointed in the manner before prescribed, shall be final and conclusive; 
and if any of the parties shall refuse to submit to the authority of such 
court, or to appear or defend their claim or cause, the court shall never¬ 
theless proceed to pronounce sentence or judgment, which shall in like 
manner be final and decisive; the judgment or sentence and other 
proceedings being in either case transmitted to Congress, and lodged 
among the acts of Congress for the security of the parties concerned; 
provided, that every commissioner, before he sits in judgment, shall 
take an oath, to be administered by one of the judges of the supreme 


ARTICLES OF CONF'EDERATION. 


229 


or superior court of the State where the cause shall be tried, “ well and 
truly to hear and determine the matter in question, according to the 
best of his judgment, without favor, affection, or hope of reward.” 
Provided, also, that no State shall be deprived of territory for the 
benefit of the United States. 

All controversies concerning the private right of soil claimed under 
different grants of two or more States, whose jurisdictions, as they may 
respect such lands, and the States which passed such grants are ad¬ 
justed, the said grants or either of them being at the same time claimed 
to have originated antecedent to such settlement of jurisdiction, shall, 
on the petition of either party to the Congress of the United States, 
be finally determined, as near as may be, in the same manner as is 
before prescribed for deciding disputes respecting territorial jurisdiction 
between different States. 

The United States, in Congress assembled, shall also have the sole 
and exclusive right and power of regulating the alloy and value of coin 
struck by their own authority, or by that of the respective States ; fixing 
the standard of weights and measures throughout the United States; 
regulating the trade and managing all affairs with the Indians, not 
members of any of the States; provided that the legislative right of 
any State, within its own limits, be not infringed or violated ; establish¬ 
ing and regulating post offices from one State to another, throughout 
all the United States, and exacting such postage on the papers passing 
through the same as may be requisite to defray the expenses of the said 
office; appointing all officers of the land forces in the service of the 
United States, excepting regimental officers; appointing all the officers 
of the naval forces, and commissioning all officers whatever in the ser¬ 
vice of the United States; making rules for the government and reg¬ 
ulation of the said land and naval forces, and directing their operations. 

The United States, in Congress assembled, shall have authority to 
appoint a committee, to sit in the recess of Congress, to be denomi¬ 
nated “A Committee of the States,” and to consist of one delegate 
from each State, and to appoint such other committees and civil offi¬ 
cers as may be necessary for managing the general affairs of the 
United States under their direction; to appoint one of their number to 
preside; provided that no person be allowed to serve in the office of 


230 


APPENDIX B. 


president more than one year in any term of three years ; to ascertain 
the necessary sums of money to be raised for the service of the United 
States, and to appropriate and apply the same for defraying the public 
expenses; to borrow money or emit bills on the credit of the United 
States, transmitting every half year to the respective States an account 
of the sums of money so borrowed or emitted; to build and equip a 
navy; to agree upon the number of land forces, and to make requisi¬ 
tions from each State for its quota, in proportion to the number of white 
inhabitants in such State, which requisition shall be binding; and 
thereupon the Legislature of each State shall appoint the regimental 
officers, raise the men, and clothe, arm, and equip them in a soldier¬ 
like manner, at the expense of the LTnited States; and the officers and 
men so clothed, armed, and equipped shall march to the place appointed, 
and within the time agreed on by the United States, in Congress as¬ 
sembled; but if the United States, in Congress assembled, shall, on 
consideration of circumstances, judge proper that any State should not 
raise men, or should raise a smaller number than its quota, and that 
any other State should raise a greater number of men than the quota 
thereof, such extra number shall be raised, officered, clothed, armed, and 
equipped in the same manner as the quota of such State, unless the 
Legislature of such State shall judge that such extra number can not 
be safely spared out of the same, in which case they shall raise, officer, 
clothe, arm, and equip as many of such extra number as they judge 
can be safely spared, and the officers and men so clothed, armed, and 
equipped shall march to the place appointed, and within the time agreed 
on by the United States, in Congress assembled. 

The United States, in Congress assembled, shall never engage in a 
war, nor grant letters of marque and reprisal in time of peace, nor 
enter into any treaties or alliances, nor coin money, nor regulate the 
value thereof, nor ascertain the sums and expenses necessary for the 
defense and welfare of the United States, or any of them, nor emit 
bills, nor borrow money on the credit of the United States, nor appro¬ 
priate money, nor agree upon the number of vessels of war to be built 
or purchased, or the number of land or sea forces to be raised, nor ap¬ 
point a commander in chief of the army or navy, unless nine States 
assent to the same, nor shall a question on any other point, except for 


ARTICLES OF CONFEDERATION. 231 

adjourning from day to day, be determined, unless by the votes of a 
majority of the United States, in Congress assembled. 

The Congress of the United States shall have power to adjourn to 
any time within the year, and to any place within the United States, so 
that no period of adjournment be for a longer duration than the space 
of six months, and shall publish the journal of their proceedings 
monthly, except such parts thereof relating to treaties, alliances, or 
military operations as in their judgment require secrecy; and the yeas 
and nays of the delegates of each State, on any question, shall be en¬ 
tered on the journal when it is desired by any delegate; and the dele¬ 
gates of a State, or any of them, at his or their request, shall be fur¬ 
nished with a transcript of the said journal except such parts as are 
above excepted, to lay before the Legislatures of the several States. 

Art. X. — The Committee of the States, or any nine of them, shall 
be authorized to execute, in the recess of Congress, such of the powers 
of Congress as the United States, in Congress assembled, by the con¬ 
sent of nine States, shall, from time to time, think expedient to vest 
them with; provided that no power be delegated to the said Commit¬ 
tee, for the exercise of which, by the Articles of Confederation, the 
voice of nine States in the Congress of the United States assembled is 
requisite. 

Art. XI. — Canada, acceding to this Confederation, and joining in 
the measures of the United States shall be admitted into, and entitled 
to all the advantages of this Union; but no other colony shall be 
admitted into the same, unless such admission be agreed to by nine 
States. 

Art. XII. — All bills of credit emitted, moneys borrowed, and debts 
contracted by or under the authority of Congress, before the assembling 
of the United States, in pursuance of the present Confederation, shall 
be deemed and considered as a charge against the United States, for 
payment and satisfaction whereof the said United States and the public 
faith are hereby solemnly pledged. 

Art. XIII. — Every State shall abide by the determinations of the 
United States, in Congress assembled, on all questions which by this 
Confederation are submitted to them. And the Articles of this Con¬ 
federation shall be inviolably observed by every State, and the Union 


232 


APPENDIX B. 


shall be perpetual; nor shall any alteration at any time hereafter be 
made in any of them, unless such alteration be agreed to in a Congress 
of the United States, and be afterwards confirmed by the Legislatures 
of every State. 

And whereas it hath pleased the great Governor of the world to 
incline the hearts of the Legislatures we respectively represent in Con¬ 
gress to approve of, and to authorize us to ratify, the said Articles of 
Confederation and perpetual Union, know ye, that we, the undersigned 
delegates, by virtue of the power and authority to us given for that 
purpose, do, by these presents, in the name and in behalf of our re¬ 
spective constituents, fully and entirely ratify and confirm each and 
every of the said Articles of Confederation and perpetual Union, and 
all and singular the matters and things therein contained. And we do 
further solemnly plight and engage the faith of our respective constitu¬ 
ents, that they shall abide by the determinations of the United States, 
in Congress assembled, on all questions which by the said Confeder¬ 
ation are submitted to them; and that the Articles thereof shall be 
inviolably observed by the States we respectively represent, and that 
the Union shall be perpetual. In witness whereof, we have hereunto 
set our hands in Congress. Done at Philadelphia, in the State of 
Pennsylvania, the ninth day of July, in the year of our Lord 1778, and 
in the third year of the Independence of America. 


INDEX 


Administrative departments, city, 20- 
25 - 

Administrative officers. State, 201. 
Agriculture, department of, 150-151. 
Alaska, 167. 

Albany Congress, 33. 

Amendments to the Constitution, 114, 
chap. 18. 

Annapolis Convention, 40. 

Annapolis Naval Academy, 147. 
Appointment, President’s power of, 
133 - 137 - 

Apportionment of representatives, 53- 

56. 

Appropriations by Congress, 88. 

Army of the United States, 104-105. 
Articles of Confederation, 37, Appen¬ 
dix B. 

Bank, see National Banks. 
Bankruptcy laws, 99-100. 

Bills in Congress, chap. 10. 

Bonds, National, 88-89. 

Cabinet, chap. 16. 

Cabinet, system of government, 182- 
183. 

Capital, location of, 107. 

Caucus, 210. 

Census of the United States, 55. 
Charities, 23-24, 202. 

Circuit Courts of the United States, 

157. 

Citizenship, 98-99. 


City government, chap. 4. 

Civil Service Reform, 136, 139, 140. 

Coins and coinage, 93-94. 

Colonial governments, 32, 187-189. 

Colonies made States, 144. 

Committee system in State legisla¬ 
tures, 193-194 ; in Congress, chap. 9. 

Committee on Rules, 75-76. 

Committees of Correspondence, 35. 

Commerce, departments of, 151. 

Commerce, power of Congress over, 
89-92. 

Confederation, Articles of, see Articles 
of Confederation. 

Conference committees, 79. 

Congress, Continental, 35-37 ; under 
the Constitution, chap. 7 ; procedure 
in, chap. 8 ; sessions of, 62. 

Constitution of U. S., Appendix A ; 
amendments of, chap. i8 : origin of, 
47 ; ratification, 44-45. 

Constitutional convention (1787), 
chap. 6 ; delegates to, 40 ; compro¬ 
mises, 42-43. 

Constitutions (State), 189. 

Consuls, 143. 

Conventions, National, 117. 

Conventions, political, 210. 

Copyright, 103. 

County government, chap. 4. 

County type of local government, 
15-16. 

Criminal cases, 233. 

Cuba, 168. 


233 



234 


INDEX 


Debts of U. S., 88-89. 

Delinquent taxes, 224. 

Diplomatic bureaus, 142. 

District of Columbia, 107. 

District courts of the U. S., 157. 
Duties, customs, 83-85. 

Educational systems, chap. 26, 203. 
Elections, chap. 23. 

Electoral Commission, 123. 

Electors, Presidential, 116, 119-122. 
England, 182-183. 

Equalization of taxes, 222. 

Executive departments, chap. 16. 

Ex post facto laws, 112. 

Federal Republics, 179. 

Finances, National, 83-89. 

France, 180. 

Franchises, 26. 

Free coinage, 94. 

Game laws, 204. 

Gerrymander, 52. 

Gold certificates, 95. 

Governors of States, 195, 199-201. 
Grand jury, 162, 231. 

Habeas Co 7 'pus, iii. 

Hawaii, 167. 

Health, public, 4, 22-23, 203. 
Homestead law, 170. 

Immigration law, 153. 

Impeachment, 66-67. 

Implied powers of Congress, 108, no. 
Inauguration of President, 127. 
Income taxes, 87. 

Indian Territory, 167. 

Indians, 149-150, 167. 

Interior, department of, 149. 


Internal revenue system, 85-86. 
Interstate commerce law, 90-91. 

Judicial trials, chap. 25. 

Judiciary, National, chap. 16; State 
chap. 25. 

Jurisdiction of U. S. courts, 158-160. 
Jury system, 161-163. 

Justice, department of, 148. 

Lands, public, 169. 

Legal tender, definition, 95. 
Legislatures, chap. 21. 

Lobby, 78, 195. 

Local government, chap. i. 

Local government, origin, chap. 3. 

Mail matter, classes, loi. 

Mayor, 20. 

Message, President’s, 137. 

Military powers of Congress, 104-ic^ 
Militia, 106-107. 

Monarchies, 181-183. 

Money of the U. S.. 92-96. 

Municipal government, chap. 4 ; own 
ership, 27, 31. 

National Banks, 95-96. 
Naturalization, 99. 

Navy, department of, 147; of the 
U. S., 105-106. 

New England colonies, 13-15 ; Con- 
federation, 33. 

New Jersey Plan, 42. 

Nobility, titles of, 112. 

Northwest Territory, 165. 

Ordinance of 1787, 165. 

Pairs, in voting, 80. 

Pardons, 132. 



INDEX 


235 


Parish, 16. 

Patents, 103. , 

Parliament of England, 183. 

Party government, chap. 23. 

Penal institutions, 202. 

Philippines, government of, 167-168. 
Poor, 3. 

Porto Rico, government of, 166. 

Post office, department of, 148 ; sys¬ 
tem, 100-102, T09. 

President of U. S., chaps. 13, 14 ; elec¬ 
tion of, 115-125. 

Presidential succession, 126. 

Property tax, see Taxation. 
Proportional representation, 52. 

Public lands, 169. 

Quorum in Congress, 67-69. 

Railroads and interstate commerce, 
90-91. 

Reform movements, 28, 31. 
Representatives, apportionment of, 
53-56; election of, 51-52; qualifi¬ 
cations of, 52-53* 

Reprieve, 132. 

Revenue bills in Congress, 87. 

Roads, 2. 

Rural delivery of mail, loi. 

Russia, 184. 

Salaries of Congressmen, 70-71. 
Schools, chap. 26. 

Senate of U. S., 57. 

Senators, qualifications of, 58 ; elec¬ 
tion of, 59. 

Silver certificates, 95. 

Smuggling, 84. 

Speaker of the House of Representa¬ 
tives, 76-78. 

Spoils system, 135. 

Stamp Act Congress, 34. 


State, department of, 142. 

States, government, chaps. 20, 21, 22. 
Streets, 2, 23. 

Subpoena, 232. 

Subsidiary silver, 94. 

Supervisor system of local govern¬ 
ment, 8. 

Supreme Court of U. S., 157. 

Survey, U. S. Government, 170-174. 
Switzerland, 180-181. 

Tariff, 84-85. 

Taxes, direct and indirect, 87. 
Territorial delegates, 56. 

Territories, chap. 17. 

Territory, admission of, 168. 

Town type of local government, 14 :• 
township-county type, 17. 

Treasury, department of, 144. 
Treasury notes, 94, 96. 

Treaties, 132-133. 

Trials, judicial, chap. 25. 

Trusts, 91-92. 

Union, steps leading to, chap. 5. 
United States notes, 95. 

Vacancies, in House of Representa 
tives, 57 ; in Senate, 60. 

Valuation of property, 60. 

Venire, 232. 

Vestry, 16. 

Veto, 80-81. 

Vice-President of U. S., 126. 

Virginia local government, 15-16. 
Virginia plan, 41. 

Voting, methods in Congress, 80. 

War, declaration of, 104 ; Department 
of, 146. 


Yeas and nays, 80. 









THE GOVERNMENT OF 


NORTH CAROLINA 





THE GOVERNMENT 


OF 

NORTH CAROLINA 


BY 


SAMUEL F. MORDECAI 

n 

DEAN OF LAW SCHOOL, TRINITY COLLEGE, DURHAM, N. C. 


NEW YORK 

CHARLES SCRIBNER’S SONS 

1906 


LIBRARY of CONGRESS 


Two CoDies Received 

JUL 9 1906 


n C»yrurht Entry . 

^LASS CC Me. Nc 
COPY B. ' 


COPYRIGHT, 1906, BY 
CHARLES Scribner’s sons 



CONTENTS. 

CHAPTER page 

I. Coi.ONiAL Government .i 

II. Development of Constitutional Law .... 4 

III. Rights of the People. ii 

IV. State Government—The General Assembly . . 17 

V. State Government—Executive Department . . 22 

VI. State Government—Judicial Department ... 32 

VII. County, City, and Town Government .... 39 

VUI. Education. 48 

IX. Charitable and Penal Institutions .... 55 

X. Taxation. 59 







THE GOVERNMENT OF NORTH 
CAROLINA. 


CHAPTER I. 

COLONIAL GOVERNMENT. 

On March 25, 1584, Queen Elizabeth granted a charter 
to Sir Walter Raleigh, or Ralegh, as she persists in spelling 
his name, for a part of what is now North Carolina, and in 
1630 there was a royal grant to Sir Robert Heath. Both of 
these charters are counted among our fundamental laws, 
though they are of no importance. The real beginning of 
the colonial life of Carolina was the charter granted on March 
24, 1663, by King Charles II., followed by another charter 
from the same King to the same persons, dated June 30, 
1665. The persons to whom these grants were made were 
the Earl of Clarendon, the Duke of Albemarle, Lords Craven, 
Berkley and Ashley, and Sir George Carteret, Sir William 
Berkley, and Sir John Colleton. Lord Ashley was originally 
Anthony Ashley Cooper who became Lord Ashley. He after¬ 
wards became Earl of Shaftesbury. He rose from the middle 
walks of life to be Lord Chancellor of England. He drew 
the greatest act ever passed by Parliament for the protec¬ 
tion of the liberty of the subject, and to his eloquence and 
zeal are all English subjects and American citizens indebted 
for the passage of the act by Parliament. This was the 
great Habeas Corpus Act—“That second Magna Charta 


2 


THE GOVERNMENT OF NORTH CAROLINA. 


and stable bulwark of our liberties.” The territory granted 
by King Charles II. to the Lords Proprietors, as the grantees 
in the charters were called, extended from the Atlantic to 
the Pacific and from Virginia to Florida, or, to be more 
exact, from 36° 30' to 29° North latitude. The area of 
Carolina was 1,000,000 square miles and included a large 
part of Mexico, all of Texas, all the territory South of 36° 30' 
and West of Arkansas, besides the states of North and South 
Carolina, Georgia, Tennessee, Arkansas, Alabama, Missis¬ 
sippi, Louisiana, and Texas. Only a minor part of this 
domain ever came under the actual dominion of either the 
English Government or that of the Lords Proprietors. In 
1697 that portion of the province North of the Santee River 
acquired the distinctive name of North Carolina, and the 
four southern counties of the province that of South Caro¬ 
lina. In 1729, by an Act of Parliament called the Act of 
Surrender, the shares of all of the Lords Proprietors except 
that of Lord Carteret, afterwards Earl Granville, were pur¬ 
chased by the king at the price of ;i£2,5oo for each share. 
The King and Lord Carteret thus became the owners of 
North Carolina—the King owning seven-eighths and Lord 
Carteret one-eighth. By a division made in 1744 all the 
land between Virginia and 35° 34' North latitude was set 
apart to Lord Carteret and all South of that became the 
King’s. The dividing line was about five miles North of 
Bathtown in the present county of Beaufort. During the 
Revolutionary War the State of North Carolina confiscated 
Lord Granville’s land, and by the result of the war the 
King’s land became the state’s. By the terms of the royal 
Charters a colonial government was established similar in 
its general features to that of the British proprietary colonies 
in America. On March i, 1669, ‘‘The Fundamental Con- 


COLONIAL GOVERNMENT. 


3 


stitutions of Carolina,” framed for the Lords Proprietors 
by John Locke and amended by the Earl of Shaftesbury, 
were adopted as the constitution, so to speak, of the province 
of Carolina. This constitution went into effect, nominally, 
in July, 1669, but was never fully in force and was abol¬ 
ished in April, 1693. The charters granted by Charles 11 . 
to the Lords Proprietors permitted the Proprietors to estab¬ 
lish a government and to make and execute laws, provided 
such laws “be consonant to reason, and, as near as may be 
conveniently, agreeable to the laws and customs of this 
our kingdom of England.” In 1715 the colonial legislature 
adopted the common law of England, “except such part in 
the practice in the issuing and return of writs and proceed¬ 
ings in the court of Westminster, which, for want of several 
officers, cannot be put in execution”; and also adopted such 
acts of parliament as were thought suitable to our population 
and surroundings. 

Upon the passage of the Act of Surrender in 1729, the 
proprietary government ceased and the regal government 
began. The last general assembly under the proprietary 
government met in Edenton in 1729, and the first general 
assembly under the royal government met there in 1734. 


CHAPTER II. 


DEVELOPMENT OF CONSTITUTIONAL LAW. 

On May 20, 1775, at Charlotte, the Mecklenburg Decla¬ 
ration of Independence was adopted, and on November 12, 
1776, a congress or convention met at Halifax and adopted 
a constitution for the State of North Carolina on December 
18th of that year. This constitution was never submitted 
to a vote of the people, but became the law by virtue of its 
adoption by the congress or convention. 

After the secession from the English government, an act 
was passed by the state legislature of 1778, which, after re¬ 
citing that doubt existed as to what parts of the common 
law were in force here, enacted that all such parts of the 
common law as were theretofore in use and in force here, 
and as were not destructive of, repugnant to, nor incon¬ 
sistent with the freedom and independence of this state 
and our form of government, and which had not been other¬ 
wise abrogated or repealed, and which had not expired nor 
become obsolete, should be in full force. This statute has 
been brought forward in the different revisals of our laws, 
and is now, with slight verbal changes, section 932 of the 
Revisal of 1905. “The laws of our state rest for a founda¬ 
tion upon the common law of England,” says Chief Jus¬ 
tice Pearson. By this same act of 1778 such acts of 
parliament as were not inconsistent with our new form of 
government and as were thought best adapted to our people 
^were incorporated into the statute law of the state. In 

4 


DEVELOPMENT OF CONSTITUTIONAL LAW. 5 

1817 a codification or compilation of our statute law was 
provided for, and the commissioners appointed to prepare 
the same were directed to make a list of such acts of parlia¬ 
ment as were still in force in the state by virtue of the act 
of 1778. This was done, but the list was not accorded un¬ 
qualified approval by the courts. By subsequent legisla¬ 
tion all British statutes were repealed. Therefore, while 
many British statutes are still to be found among our laws, 
their validity rests upon their re-enactment by our legisla¬ 
ture. 

By the acts of 1784 and 1790 that portion of North Car¬ 
olina which now constitutes Tennessee was ceded to the 
National Government. 

A convention was called in 1835 to make changes in the 
constitution. This body adopted sundry amendments on 
July II, 1835, which were ratified by the people on Nov¬ 
ember 2, 1835, and went into effect January i, 1836. As 
to personal rights these amendments made no changes of 
importance, except to disfranchise all free persons de¬ 
scended from negro ancestors to the fourth generation 
inclusive, and to permit Roman Catholics to hold civil 
offices. 

In 1857 what is known as the “Free Suffrage’^ amend¬ 
ment to the constitution was adopted. This removed the 
property qualification theretofore required of voters for 
state senators. In 1860-61 what is known as the “Secession 
Convention” adopted an amendment by which the state 
undertook to withdraw from the United States. The Ordi¬ 
nance of Secession was adopted May 20, 1861. The re¬ 
ligious clause of our constitution was also so amended as 
to permit Jews to hold civil offices. 

In 1865 a constitutional convention was held which 


6 THE GOVERNMENT OF NORTH CAROLINA. 

abolished slavery; but its work amounted to practically 
nothing because of the reconstruction acts of congress. 

On March i6, 1868, a new constitution was adopted by a 
convention. It was ratified by a popular vote on April 24, 
1868, and went into effect on that day, though not formally 
approved by the congress of the United States until June 
25, 1868. This constitution made comparatively few 

changes in the personal rights of the citizen beyond abolish¬ 
ing slavery, and imprisonment for debt, except in cases of 
fraud; extending the right to vote to negroes; giving to 
debtors the benefits of homestead and personal property 
exemptions; vesting in married women their own property 
free from the debts and control of their husbands; and ex¬ 
tending religious liberty so that every one may worship 
Almighty God according to the dictates of his own con¬ 
science, free from any control or interference with the rights 
of conscience, and making a denial of the being of Al¬ 
mighty God the only religious disqualification to holding 
office. 

On February 24, 1873, sundry amendments to the Con¬ 
stitution were adopted by the legislature, which were ratified 
by the people in August, 1873, ^-nd went into effect in 
December, 1873. 

A Constitutional Convention was held September 6- 
October ii, 1875, which amended the Constitution of 1868 
in several particulars. These amendments were ratified 
by the people on November 7, 1876, and went into effect 
January i, 1877. The changes made thereby were mostly 
political, leaving personal and property rights practically 
undisturbed. 

In 1879 the legislature adopted amendments affecting 
the debt of the state and the care of the deaf, blind, and 


DEVELOPMENT OF CONSTITUTIONAL LAW. 


7 


insane. These were ratified by the people in November, 
1880. 

In 1887 the legislature adopted an amendment increas¬ 
ing the membership of the Supreme Court from three to 
five. The people ratified this in November, 1888. The 
Supreme Court was composed of three judges from its 
organization in 1818 to the adoption of the constitution 
of 1868, when it was made to consist of a chief justice 
and four associate justices. The membership was reduced 
to three in 1875 ^-nd increased to five again in 1888. 

In 1899-1900 the legislature adopted an amendment 
making the payment of poll tax (when the voter is legally 
liable therefor) and ability to “read and write any section 
of the state constitution, in the English language” qualifi¬ 
cations to the right of suffrage, except where the “grand¬ 
father clause” dispenses with the educational qualification. 
This was ratified by popular vote on August 2, 1900, and 
went into effect July i, 1902. 

The Constitution of 1776.— This constitution is di¬ 
vided into (i) the Declaration of Rights and (2) the 
Constitution. The two make, in reality, but one instru¬ 
ment. In that portion entitled the “Declaration of Rights” 
are set forth the great essentials of personal security, per¬ 
sonal liberty, and private property guaranteed to the Eng¬ 
lish people by the common law, Magna Charta, and the other 
great charters and acts of parliament which form, in part, 
the English constitution, together with some other im¬ 
portant principles. This Declaration of Rights forbade: 
The grant of exclusive or separate emoluments or privileges 
to any one except in consideration of public services; the 
grant of hereditary emoluments, privileges, or honors; and 


THE GOVERNMENT OF NORTH CAROLINA. 


the creation of perpetuities and monopolies. It guaranteed 
the right to worship Almighty God according to the dic¬ 
tates of one’s own conscience, and provided that the legis¬ 
lative, executive, and supreme judicial departments should 
be forever separate and distinct from each other. By the 
body of the constitution the legislative authority was vested 
in a senate and house of commons to be annually chosen 
by ballot. Each county elected a senator, who had to be 
the owner in fee of not less than three hundred acres of 
land in a county. Only those freemen who owned as 
much as fifty acres of land in fee in the county could vote 
for senators. The house of commons was composed of 
representatives chosen two for each county and one for each 
of the towns of Edenton, Newbern, Wilmington, Salisbury, 
Hillsboro, and Halifax. All freemen who paid public taxes 
could vote for members of the house to represent a county. 
Any freeholder or taxpayer in a town entitled to a repre¬ 
sentative could vote for such representative. The general 
assembly by joint ballot appointed judges of the supreme 
courts of law and equity, judges of admiralty, and the at¬ 
torney-general, all of whom held office during good be¬ 
havior; also the generals and field officers of the militia 
and all officers of the regular army; also the governor. The 
governor was elected for one year and was not eligible 
“longer than three years in six successive years.” No one 
could be chosen governor who was under thirty years of 
age or who owned a freehold in lands in the state above the 
value of £i,ooo, or who had not resided five years in the 
state. The general assembly also appointed, annually, a 
council of state of seven members to advise the governor, 
and upon whose advice he could fill vacancies until the 
next session of the general assembly. One or more Treas- 


DEVELOPMENT OF CONSTITUTIONAL LAW. 9 

urers were to be appointed annually, and a Secretary of 
State triennially, by the general assembly. 

Care was taken to exclude from the general assembly 
all public officials who had not settled their accounts, army 
officers, contractors to supply the army or navy with clothing 
or provisions, members of the council of state, judges, the 
secretary of state, attorney-general, the clerk of any court 
of record, and clergymen and preachers while in the exer¬ 
cise of their pastoral functions. Jews and Roman Cath¬ 
olics could hold no office or place of trust or profit in the 
civil department. No one could hold more than one lucra¬ 
tive office at the same time, but militia offices and justices 
of the peace were excepted from this provision. Provision 
was made for the discharge of honest persons imprisoned 
for debt; for granting citizenship to aliens who came into 
the state to settle; for public free schools; and for estab¬ 
lishing one or more universities. The general assembly was 
directed to so regulate entails as to prevent perpetuities. 

Amendments of 1835.—The constitution was amended by 
the convention of 1835 in many particulars, but that portion 
of it which was entitled the Declaration of Rights was left 
undisturbed. The most important amendments were as 
follows: The senate was made to consist of fifty members, 
to be biennially elected by districts, which districts were to 
be laid off every twenty years on the basis of public taxation. 
The house of commons was made to consist of one hundred 
and twenty members, to be elected biennially by counties 
on the basis of federal population, excluding Indians not 
taxed and adding to the whole number of free persons three- 
fifths of all other persons. The towns were no longer to 
elect representatives. All persons descended from negro 


lo THE GOVERNMENT OF NORTH CAROLINA. 

ancestry to the fourth generation, inclusive, were disfran¬ 
chised. The general assembly was to regulate the appoint¬ 
ment and removal of militia officers by law, but no longer 
to appoint them. The governor was to be elected by the 
qualified voters for members of the house of commons, his 
term of office was two years, and he was not “eligible more 
than four years in any term of six years.” The attorney- 
general’s term of office was fixed at four years, with power in 
the general assembly to extend it so as to make it of the same 
term as that of the solicitors. Provisions were made for the 
impeachment of officers and for the removal of judges for 
mental and physical inability; also for calling conventions 
and for amending the constitution. The disabilities of Ro¬ 
man Catholics were removed. The poll tax was made equal, 
and all free males over twenty-one and under forty-five, 
and also slaves between twelve and fifty, were made subject 
thereto unless exempted by bodily infirmity. The general 
assembly was empowered to pass general laws permitting 
and regulating divorce and alimony, to alter names and 
legitimate issue, but was forbidden to pass private laws on 
these subjects to govern individual cases. The reduction of 
the salaries of the judges during their continuance in office 
was forbidden. 

Amendments of 1857-61. —The Free Suffrage amend¬ 
ment of 1857 and the removal of the disabilities of the 
Jews in 1861 have been already referred to. 

Constitution of 1868. — The present organic law of the 
state is the constitution of 1868 with the existing amend¬ 
ments thereto. The history of these amendments has been 
given. What is set out in the following chapters is based 
upon the constitution of the state as it now exists. 


[TA/s chapter may he omitted at the discretion of the teacher if found too 
difficult for the class, because of the technical terms and expressions taken from 
our Constitution^^ 


CHAPTER III. 

RIGHTS OF THE PEOPLE 

The objects of a constitution are: (i) To give the gov¬ 
ernment such powers as are essential to its existence and to 
maintain its authority; (2) To insure to every person who 
may be in the country—whether male or female, child or 
adult, citizen or sojourner—certain personal rights of life, 
liberty, and property; (3) To confer upon the citizens cer¬ 
tain privileges; and (4) To fix in a permanent form certain 
details for carrying on the affairs of the government. 

There can be no liberty without a government strong 
enough to protect its citizens when their rights are invaded. 
To maintain such a government certain sacrifices must be 
made by the people in the way of giving up some of their 
natural liberties and by paying taxes. To require greater 
sacrifices and taxes than are reasonably necessary to main¬ 
tain the government is oppressive. To refuse to make 
such sacrifices as are necessary for the good of society and 
to support the government is folly—it is to put in practical 
operation the foolish selfishness depicted in the fable of the 
belly and the members. To do just as you please, without 
any restraint, is not liberty, but license. While you are 
cutting down your neighbor’s trees because you choose so to 
do, he will be burning your house because it pleases him to 
do so. Such things lead to the oppression of the weak by 
the strong, and not to liberty and safety. The constitution 


12 


THE GOVERNMENT OF NORTH CAROLINA. 


of England and of the United States and of the several 
states of the Union assure to each person all of his natural 
rights which it is not necessary to take from him for the 
welfare of society and the safety of the government; and 
enforce the giving up by each person of so much, and of 
so much only, of his natural liberty and private property 
as is reasonably necessary for these objects. To adjust 
the respective rights of the citizen and the government 
has been the work of centuries. By the Magna Charta of 
King John it is stipulated that no freeman shall be deprived 
of his life, liberties, or property except by the law of the land, 
and the same thing is set out in the constitutions of the 
United States and of North Carolina. So, also, did many 
other provisions, such as trial by jury, freedom from arbi¬ 
trary imprisonment and from being twice tried or punished 
for the same crime, etc., etc., have their origin in the re¬ 
mote past, being always parts of the common law of the 
Anglo-Saxon race. 

By the constitution of North Carolina the following fun¬ 
damental rights of personal liberty, personal security, and 
private property are guaranteed to all persons, subject only 
to the paramount authority of the government of the United 
States: 

The inalienable rights of life, liberty, the enjoyment of 
the fruits of their own labor, and the pursuit of happiness— 
the right to earn their bread by the sweat of their faces, by 
following any of the common occupations of life—are as¬ 
sured. 

Bills of attainder, which are acts of the legislature con¬ 
demning a man to death and confiscating his property 
without trial, and bills of pains and penalties, which are the 
same as bills of attainder except that they do not impose 


RIGHTS OF THE PEOPLE. 


13 


the death penalty, are forbidden; so are ex post jacto laws, 
which are laws enacted after an act is committed which 
make such act a crime or which increase the punishment for a 
crime or make it easier to convict the accused. 

Slavery and involuntary servitude except upon conviction 
of crime; imprisonment, outlawry, exile, and the depriva¬ 
tion of life, liberties, property, or privileges, “but by the 
law of the land”; imprisonment for debt, except in cases of 
fraud; the creation of an aristocracy or plutocracy—by 
grants of exclusive or separate emoluments or privileges, or 
by granting or conferring hereditary emoluments, privileges, 
or honors, or by allowing monopolies or perpetuities to 
exist, or property to be entailed, or by imposing a property 
qualification upon voters and office-seekers—are forbidden. 

No person shall be arrested for crime upon a general war¬ 
rant—which is an order to an officer to arrest any person 
he may suspect of having committed a crime or to search 
any premises he may think proper to search for stolen prop¬ 
erty, etc., whereas a lawful order of arrest or search should 
specify the person to be arrested or the place to be searched. 
If unlawfully arrested or restrained of his liberty, he shall 
be liberated on habeas corpus; and if lawfully arrested or 
restrained, excessive bail shall not be required. He shall 
not be put to answer any criminal charge, except a petty 
misdemeanor, but by indictment or presentment of a grand 
jury, or by impeachment. Informations by the prosecuting 
officer are not permitted. He shall not be convicted of 
any crime, except a petty misdemeanor, but by the unani¬ 
mous verdict of a jury of good and lawful men in open court, 
a right that cannot be waived, even, except by a plea of 
guilty; and even in petty misdemeanors a jury of six may 
be had, upon demand, in the justice’s court, or a jury of 


14 THE GOVERNMENT OF NORTH CAROLINA. 

twelve may be had if the accused appeal from the justice’s 
judgment. He shall be informed of the accusation against 
him; shall be confronted by his accusers—that is, the state’s 
witnesses shall be examined in his presence before the jury, 
and not by deposition; may meet his accusers and the state’s 
witnesses with other testimony; have counsel for his defence; 
and shall not be compelled to give evidence against himself; 
nor shall he be charged with “costs, jail fees, or necessary 
witness fees of the defence, unless found guilty.” If con¬ 
victed, the only punishments that can be inflicted upon him 
are death, imprisonment with or without hard labor, fines, 
removal from and disqualification to hold offices of honor, 
trust, or profit; and the fines imposed must not be excessive, 
nor the term of imprisonment cruel and unusual. Whether 
convicted or acquitted, he shall not be again put in jeopardy 
for the same offence, in the absence of fraud. The courts 
which pass upon him will be presided over by an independent 
judiciary, elected by the qualified voters of the state, whose 
powers and jurisdiction, rightfully pertaining to their office, 
cannot be infringed upon. Treason is limited to levying 
war against the state, or adhering to its enemies giving them 
aid and comfort; two witnesses to the same overt act, or a 
confession in open court, are necessary to a conviction of 
treason; and no conviction or attainder shall work corrup¬ 
tion of blood or forfeiture. In all controversies concerning 
property and in all issues of fact in civil causes, whether 
legal or equitable, he is entitled to “the ancient mode of 
trial by jury,” unless he waive such rights, or unless the 
cause of action be within the jurisdiction of a justice of the 
peace. Justices of the peace have jurisdiction in actions 
upon contracts where the sum demanded does not exceed 
$200, and wherein title to real estate is not in controversy, 


RIGHTS OF THE PEOPLE. 


15 


and jurisdiction may be conferred in other civil actions, 
whether based on contract or not, wherein the value of the 
property in controversy does not exceed $50; but even in 
these cases a jury of six may be had on demand, and an 
appeal may be taken to a court in which “ the ancient mode 
of trial by jury” may be had. Private property can be taken 
only for a public use, and even for such purpose it cannot 
be taken, destroyed, or materially impaired, except upon 
compensation made or duly provided for. His home is 
made his castle, where he shall be free from the quartering 
of soldiers in time of peace, and from general warrants of 
arrest and search. The rights of the people to keep and 
bear arms, other than concealed weapons, shall not be in¬ 
fringed; nor shall the freedom of the press be restrained; 
nor the people be denied the right to assemble for consulta¬ 
tion for their common good, to instruct their representatives, 
or apply to the legislature for the redress of grievances; 
though secret political societies are not tolerated. The 
office-seeker is not required to have any religion, though he 
is disqualified if he “deny the being of Almighty God”; all 
men may worship Almighty God according to the dictates 
of their own consciences, free from control or interference 
with their rights of conscience, and religious scruples against 
bearing arms shall exempt even an able-bodied male citizen 
from military duty. Elections shall be free and often held, 
and the general assembly must meet biennially. The purse¬ 
strings are irrevocably and clearly placed in the hands of 
the legislative department, for no tax, impost, or duty can 
be imposed without the consent of the people or their repre¬ 
sentatives in the general assembly; no law to raise money 
by pledging the faith of the state, or to impose any tax upon 
the people, shall be passed, unless the bill for that purpose 


16 the government of north CAROLINA. 

has been duly read three times in each house; no money 
can be applied to any purpose other than that special object 
designated in the act by which it was levied; nor can it be 
drawn from the treasury except in consequence of appropria¬ 
tions made by law. For redress of every injury done him 
in his lands, goods, person, or reputation, the courts shall 
be open, and open at all times (except for trial of jury cases), 
and shall afford him a remedy by due course of law and 
shall administer right and justice without sale, denial, or 
delay. He and his family are protected in adversity by 
exemption of his body from arrest for debt, except in cases of 
fraud, and by the further exemption of a homestead, to the 
value of $1,000, from sale under execution, except it be for 
purchase money or for work and labor done on the property 
by a laborer or mechanic. There is also exempted person¬ 
alty of the value of $500. He is entitled to education from 
the state, even though he be an idiot or an inebriate. If 
he be a destitute orphan, an indigent deaf-mute, or blind or 
insane person, he shall be cared for at the expense of the 
state. 

All power of suspending laws or the execution of laws by 
any authority without the consent of the representatives 
of the people is forbidden; and while the governor may grant 
reprieves, commutations, or pardons for all offences, except 
in cases of impeachment, upon such conditions as he may 
see proper to impose, yet he can do so only ajter conviction — 
that is, after verdict of a jury. But he can pardon pending 
an appeal. His power is exclusive, though the legislature 
may regulate the manner of applying for pardons, and may 
pass acts of amnesty whereby a general pardon is granted 
to all offenders before conviction. 


CHAPTER IV. 


STATE GOVERNMENT —THE GENERAL ASSEMBLY. 

There are three great departments of the English govern¬ 
ment—the Executive, Legislative, and Judicial; but as 
Parliament is supreme and omnipotent there is no check 
upon its action. These three departments exist in the gov¬ 
ernment of the United States; and while there are no express 
words in the constitution of the United States requiring 
these departments to be forever separate and distinct from 
and independent of one another, yet such is the effect and 
consequence of their establishment by that constitution. By 
the constitution of North Carolina the legislative, executive, 
and supreme judicial powers of the government are made 
to be forever separate and distinct from one another. 

Legislative Department — The General Assembly, How 
Composed, Meetings, etc. — The legislative authority is 
vested in a Senate and House of Representatives, which 
meet biennially in the capitol at Raleigh on the first Wed¬ 
nesday after the first Monday in January next after their 
election, and, when assembled, constitute the “ General Assem¬ 
bly.” Neither house can proceed upon public business 
unless a majority of all the members be actually present. 
The senate is composed of fifty senators, the house of rep¬ 
resentatives of one hundred and twenty representatives. 
Each county elects one representative and some counties 

17 


1 8 the government of north CAROLINA. 

more than one. The senators are elected by “Senate Dis¬ 
tricts.” The General Assembly lays off the senate dis¬ 
tricts and apportions the representatives among the coun¬ 
ties upon a basis of population, pursuant to a ratio and plan 
prescribed by the constitution. A senator must be not 
less than twenty-five years old, must have been a resident 
and citizen of the state for two years, and must have usually 
resided in the district for which he is chosen one year im¬ 
mediately preceding his election. Any qualified elector 
may be a member of the house if he has resided in the 
county for which he is chosen one year immediately pre¬ 
ceding his election. The term of office of all members of 
the general assembly commences at the time of their elec¬ 
tion. Persons disqualified to hold public office are, of 
course, disqualified to be members of the general assembly. 
Vacancies in either house are filled by elections held under 
writs issued by the governor. 

Organization and Procedure. — Each house determines 
for itself the qualifications and election of its own members, 
and chooses its own officers, except that the lieutenant 
governor presides in the senate. The senate may choose 
a temporary speaker in the absence of the lieutenant gov¬ 
ernor or when he shall exercise the office of governor. Each 
house may adjourn from day to day to suit itself; “and the 
two houses may jointly adjourn to any future day, or other 
place.” Members are not liable to impeachment or ques¬ 
tion, in any court or place out of the general assembly, for 
words spoken therein; and are protected, except for crime, 
from arrest of their persons or attachment of their property 
while going to, coming from, or in attendance upon the 
sessions. 


STATE GOVERNMENT—THE GENERAL ASSEMBLY. 19 


Law-Making. — A law made by the general assembly 
is called a statute, or Act of the General Assembly. All 
such acts must have an enacting clause which must be in 
these words: “The General Assembly of North Carolina do 
enact.” When a measure is offered for enactment it is called 
a “bill” if it is intended to become a statute, or a “resolu¬ 
tion” if for some object of less importance. Both bills and 
resolutions, however, must be read three times in each house 
before they become laws; and if the object be to pledge the 
faith of the state for the payment of money, or to impose 
any tax, or to allow any county, city, or town to do so, the 
bill must be read three times in each house and pass three 
readings, which readings must be on three different days; and 
the “yeas” and “nays” on the second and third readings 
must be entered on the journal. If one-fifth of the members 
present so require, the yeas and nays upon any question 
shall be taken and entered on the journal. Each house must 
keep a journal of its proceedings. Any member may dissent 
from any measure adopted and may have such dissent, with 
his reasons therefor, entered on the journal. After a bill or 
resolution has duly passed both houses it must be ratified 
before it becomes a law—that is, it must be signed by the 
presiding officers in the presence of their respective houses. 
Laws are either public—which affect all the people; or pri¬ 
vate—which affect only a part of the people, or one indi¬ 
vidual. Before any private law can be enacted, thirty days’ 
notice must be given that such a measure will be applied 
for. This notice must be published in a newspaper which 
circulates in the county in which the applicant for the law 
resides or in which the law will operate, or at the court house 
door and three other public places in such county. 

When the people vote for officers, they vote by ballot; but 


20 THE GOVERNMENT OF NORTH CAROLINA. 

when the general assembly elects any officer whose ap¬ 
pointment is conferred upon it by the constitution the vote 
must be viva voce, that is, by word of mouth. 

After being ratified an act becomes a law, for the governor 
has no veto power in this state. However, a statute does 
not go into active operation until thirty days after adjourn¬ 
ment of the general assembly, unless it be expressly pro¬ 
vided in the act that it shall go into effect at an earlier date. 

Appropriations. — No money can be drawn from the 
treasury unless appropriated by law, nor can it be applied 
to any purpose other than that specified in the act by which 
it was levied. An accurate account of the public money— 
showing what was received and how it was spent—must be 
published annually. At each session appropriations are 
made for the expenses of the government for the succeeding 
two years. The act providing for levying the taxes is usually 
called the “Revenue Act,” and that providing the remedy for 
collecting the taxes is usually called the “Machinery Act.” 

General Powers and Restrictions. — The general as¬ 
sembly has power to pass all laws not in conflict with the 
constitutions of the state and the United States. Among 
the laws the state constitution forbids it to enact are the 
following: To grant a divorce or secure alimony (alimony 
is money a man is required by law to pay to his divorced 
wife); to change a person’s name; to make people of lawful kin 
to each other who are not so related; to restore the rights of 
citizenship to a person convicted of an infamous crime. 
However, all these things may be provided for by general 
public laws. It is also forbidden to tax sales, purchases, or 
other acts previously done; to assume or pay certain unlaw- 


STATE GOVERNMENT—THE GENERAL ASSEMBLY. 21 


ful claims against the state or to authorize any tax for the 
payment thereof; to give or lend the credit of the state in aid 
of any person or corporation—except to aid certain railroad 
corporations in which the state has a direct interest—unless 
the measure be submitted to a direct vote of the people and 
approved by a majority of those voting thereon. 


CHAPTER V. 


STATE GOVERNMENT — EXECUTIVE DEPARTMENT. 

The Executive Department consists of a Governor, Lieu¬ 
tenant Governor, Secretary of State, Auditor, Treasurer, 
Superintendent of Public Instruction, and Attorney-General, 
who are elected for a term of four years by the qualified 
electors of the state at the same time and places and in the 
same manner as members of the general assembly are 
elected. These officers, except the Governor, Lieutenant 
Governor, and Attorney-General, constitute the Council of 
State who must advise the Governor in the execution of his 
office. The Attorney-General is made the legal adviser of 
the executive department. 

The terms of office of the Executive Department officials 
commence on January i next after their election and con¬ 
tinue until their successors are elected and qualified. As 
the general assembly is required to canvass the election 
returns for these offices, and as that body does not convene 
until Wednesday after the first Monday in January, the 
executive officers, as a matter of fact, do not assume office 
until the result of the election is declared by the general 
assembly. 

These officers receive salaries fixed by the general as¬ 
sembly and no other emoluments or allowances whatsoever. 
Their salaries can be neither increased nor diminished 
during the time for which they have been elected. 


22 


STATE GOVERNMENT—EXECUTIVE DEPARTMENT. 23 


The Governor. — No person can be Governor or Lieu¬ 
tenant Governor who is under thirty years of age, and who 
has not been a citizen of the United States five years and a 
resident of the state two years next before his election. 
Neither of these officers can immediately succeed himself; 
for he is not eligible more than four years in any period of 
eight years unless the office has been cast upon him as Lieu¬ 
tenant Governor or President of the Senate. 

The Governor must reside at Raleigh; must, from time to 
time, give the general assembly information of the affairs 
of the state, and recommend such measures as he deems 
proper. This he does in his official messages. He has 
power to grant reprieves, commutations, and pardons, ajter 
conviction^ for all offences except in cases of impeachment, 
upon such conditions as he may think proper, subject to 
such regulations as may be provided by law as to the 
manner of applying for pardons. That is, the governor 
may after a person has been convicted but not before, par¬ 
don him and thereby relieve him of all punishment; or he 
may lessen or postpone the punishment. With the exercise 
of these powers the general assembly cannot interfere fur¬ 
ther than to regulate how people seeking pardon shall pro¬ 
ceed to' apply therefor. The governor must report each 
instance of the exercise of these powers and his reasons 
therefor to the general assembly. 

The governor may at any time require written informa¬ 
tion from the other officers in the executive department 
upon any subject relating to their duties. He must take 
care that the laws be faithfully executed. He is Com¬ 
mander in Chief of the State Militia, except when it is 
called into the service of the United States; and he may call 
out the militia to execute the law, suppress riots or insur- 


24 THE GOVERNMENT OF NORTH CAROLINA. 

rection, or repel invasion. On extraordinary occasions and 
with the advice of the council of state, he may convene the 
general assembly in extra session. He nominates and, by 
and with the advice of a majority of the senators elect, ap¬ 
points all officers whose offices are established by the con¬ 
stitution and whose appointments are not otherwise provided 
for. If a vacancy occur in the Executive Department or in 
the higher offices of the Judicial Department, he fills such 
vacancy by appointment; and the power to fill vacancies in 
other offices is sometimes conferred upon him by statute. 
He is the custodian of “The Great Seal of the State of North 
Carolina,” which he is to use as occasion may require. He 
is ex officio President of the Trustees of the University of 
North Carolina. He has no veto power. 

Lieutenant Governor. — For the qualifications of this of¬ 
ficer and how he is elected, his term of office, etc., see “ Gov¬ 
ernor,” ante. In case of the impeachment of the governor, 
his failure to qualify, his absence from the state, his inability 
to discharge his official duties, or of a vacancy in the office 
of governor, the powers, duties, and pay of the office de¬ 
volve upon the lieutenant governor until the disability of 
the governor shall cease or a new governor shall be elected 
and qualified. When the lieutenant governor is unable to 
preside over the senate, that body elects one of their own 
number president of the senate, and the powers, etc., of the 
governor devolve upon him when the lieutenant governor is 
prevented from discharging such office. 

Secretary of State. — The duties of this officer are pre¬ 
scribed by statute. He must attend at every session of the 
general assembly to receive the laws that are passed and 


STATE GOVERNMENT-EXECUTIVE DEPARTMENT. 2 $ 

to perform such other duties as may be assigned him by 
resolution of either house. He distributes the statutes and 
resolutions, legislative journals, public documents, supreme 
court reports, and acts of congress transmitted to the state, 
to those entitled thereto, and is the custodian of all statutes, 
resolutions, state documents, deeds, and mortgages to the 
state, and of such other papers, records, etc., as may be 
legally deposited with him. He is to decide which of the 
statutes are public, that is, applicable to all the people, 
and which are private, that is, applicable to certain indi¬ 
viduals only, and see that they are thus distinguished in 
printing the laws. He has charge of the sale of the published 
volumes of the statutes and the supreme court reports. 

Auditor. — This officer superintends the fiscal concerns 
of the state; reports annually to the governor, and bienni¬ 
ally to the general assembly, all the funds of the state— 
showing all it has received and spent since the last reports 
and what amount it is estimated will be needed for the next 
period. He must suggest plans for raising and managing 
the public taxes; keep the accounts in which the state is inter¬ 
ested; examine the accounts of all who owe the state, and 
inform the treasurer thereof and look after their collection; 
examine all claims against the state and order their pay¬ 
ment when the law directs such payment, or, if there be no 
such law, report that fact to the general assembly. In 
fact, he looks after all the money of the state and sees that 
it is properly paid in to the treasurer by those who owe and 
properly paid out to those to whom it is lawfully due. 

Treasurer. — It is the duty of the treasurer to receive 
the state’s money and to pay it out on orders drawn by the 


26 the government of north CAROLINA. 


auditor, which orders are called warrants; to report to the 
governor annually, and to the general assembly biennially, 
how much he has received and paid out and what balance 
he has on hand; to furnish to each general assembly an 
estimate for the state’s expenses and of the necessary rate 
of taxation for the ensuing two years, together with two 
drafts of a complete revenue bill and of bills for the sup¬ 
port of the hospitals for the insane, the state’s prison, and 
the institutions for the deaf, dumb, and blind. He must 
also construe the revenue and machinery acts. His de¬ 
cisions in such matters are a protection to all officers affected 
thereby. It is his duty to demand and sue for all money 
and property of the state not lawfully held by another. He 
is ex officio treasurer for many of the state institutions. 
His accounts are passed upon in December of each year by 
commissioners appointed by the general assembly. 

Bureau of Labor and Printing. — Such a bureau is cre¬ 
ated and its duties are performed by an officer styled Com¬ 
missioner of Labor and Printing, and by an assistant, who 
must be a practical printer, appointed by such commis¬ 
sioner. The commissioner is elected by the people and his 
term of office is four years. The duties of the bureau are 
manifold—the principal ones being to collect and report 
information and statistics concerning labor and capital and 
the best means for promoting the mental, moral, and ma¬ 
terial welfare of laborers; to inspect mines and see that the 
laws regulating their operation are obeyed; to look after the 
interest of the state in the matter of public printing; and 
to publish and distribute an annual report embodying such 
information and statistics as he may deem proper. The 
amount annually appropriated for the support of the bureau, 


STATE GOVERNMENT—EXECUTIVE DEPARTMENT. 

including salaries and excluding cost of necessary printing, 
is $3,500.00. 

Board of Public Charities. — The constitution requires 
the general assembly to “ appoint and define the duties of a 
Board of Public Charities to whom shall be intrusted the 
supervision of all charitable and penal state institutions, 
and who shall annually report to the governor upon their 
condition, with suggestions for their improvement.” Acting 
upon this injunction, the general assembly elects for a term 
of two years five persons who constitute the required board 
and whose duty it is to investigate and supervise the whole 
system of charitable and penal institutions of the state and 
recommend needed changes and additions to the laws on 
such subjects; also to investigate and report the condition 
of the state as affected by crime, vagrancy, and pauperism, 
and the causes of insanity, defect or loss of the several senses, 
idiocy, deformity, and infirmity; also to visit jails and alms¬ 
houses and to report their condition and methods. They 
receive no pay for their services, but are allowed actual ex¬ 
penses. 

Department of Agriculture. — Pursuant to a constitu¬ 
tional requirement, a department of agriculture, immigration, 
and statistics is established and placed under the control 
of the Commissioner of Agriculture, with the advice and 
consent of a board styled The Board of Agriculture. This 
board consists of ten members in addition to the Commissioner 
of Agriculture, who is ex officio a member and the presiding 
officer thereof. The ten members are appointed by the 
governor, with the consent of the senate, and hold office for 
six years. The Commissioner of Agriculture is elected by 


28 THE GOVERNMENT OF NORTH CAROLINA. 

the people. His term is four years. The department of 
agriculture has charge of inspecting commercial fertilizers 
and the investigation of many subjects connected with 
agriculture, stock-raising, the sale and manufacture of food 
products, etc.—all with a view to protecting the public from 
inferior fertilizers or foods and to furnishing practical informa¬ 
tion as to many things essential to those engaged in agriculture 
and allied pursuits. The commissioner appoints the secretary 
and the board employs a state chemist. 

Geological Board. — This board consists of the governor 
and four persons appointed by him, with the consent of the 
senate, for a term of four years. It meets in January and 
June of each year in Raleigh, on the call of the governor, 
but the times and place of meeting may be changed by the 
board. The governor appoints a state geologist, who, 
under the supervision of the board and with the aid of such 
assistants as he may appoint with the board’s approval, 
conducts a geological and economical survey of the state, 
the result of which is to be reported to the general assembly. 
The sum of $10,000.00 per annum is appropriated for the pur¬ 
poses of the survey. 

The North Carolina Board of Health_This board con¬ 

sists of nine members—four appointed by the North Carolina 
Medical Society and five by the governor, for the term of 
six years. It elects a president and secretary-treasurer for 
terms of six years. This board has extensive powers in the 
matter of making regulations in times of certain dangerous 
epidemics; and it has many duties to perform in connection 
with investigating the causes of disease and spreading in¬ 
formation among the people with a view to preserving public 


STATE GOVERNMENT—EXECUTIVE DEPARTMENT. 29 

health. Provision is made for an auxiliary board, sanitary 
committee, and superintendent of public health in each 
county. 

Insurance Department. — The governor, with the consent 
of the senate, appoints an Insurance Commissioner, whose 
term of office is four years. The duties and powers of the 
department are vested in the commissioner and are very ex¬ 
tensive. They consist principally in seeing to the proper 
enforcement of the statutes regulating the business of in¬ 
surance, in protecting the people from being imposed upon 
by unsafe companies and the companies from being imposed 
upon by frauds, and in collecting the taxes due to the state 
from the companies. 

Board of Internal Improvements. — This board is a 
public corporation consisting of the governor and two com¬ 
missioners by him biennially appointed with the consent of 
the senate. It has charge of the state’s interest in all rail¬ 
roads, canals, and other works of internal improvement, 
“and also all public and state institutions, except the higher 
educational institutions that are not also charitable”; ap¬ 
points proxies to represent the state in meetings of certain 
companies in which the state has an interest; and has various 
other powers of a like nature. 

Militia. — The Governor is Commander-in-Chief of the 
militia, with power to call it out to execute the law, suppress 
riots or insurrection, and to repel invasions; he appoints 
and commissions all officers and revokes such appointments 
at pleasure. The white and colored militia are separately 
enrolled. The military staff is divided into the governor’s 


30 THE GOVERNMENT OF NORTH CAROLINA. 

personal staff and the department or general staff. The 
personal staff consists of seven aides-de-camp »with the rank 
of colonel, and the governor’s private secretary may be added 
with a like rank. The general staff consists of the adjutant 
general, one quartermaster general—each with the rank of 
brigadier general—and an inspector general, a surgeon 
general, commissary general, chief of engineers, inspector of 
small-arms practice, judge advocate general—each with the 
rank of colonel—and such assistants to each of these officers 
as the governor may appoint, such assistants not to rank 
higher than lieutenant colonel. The adjutant general is 
chief of staff. 

Pension Boards. — The governor, attorney-general, and 
auditor constitute the state board of pensions. The clerk 
of the superior court and three ex-Confederate soldiers ap¬ 
pointed by the auditor constitute a pension board in each 
county. These boards have in charge the distribution of the 
funds appropriated for pensions. The state board may 
make rules and regulations for enforcing the law and must 
examine each application for a pension. 

Board of Public Buildings. — This board consists of 
the governor, secretary of state, treasurer, and attorney-gen¬ 
eral, and its duties are to supervise and keep in repair the 
public buildings, walks, and grounds in Raleigh which belong 
to the state, and to appoint a Keeper of the Capitol, who 
acts under the general direction of the board but has the 
right to appoint and control his subordinates. 

Historical Commission. — This body consists of not 
more than five persons, to be appointed biennially on the first 


STATE GOVERNMENT—EXECUTIVE DEPARTMENT. 31 

day of April, who serve without salary, per diem, or mileage. 
Its duties are to collect from old newspapers, court and 
church records, or elsewhere, valuable matter concerning the 
state’s history—for which purpose $500.00 may be spent 
each year. 

Public Libraries. — There are three public libraries be¬ 
longing to the state: the State Library, which is in the 
Supreme Court building and is open to the general public; 
the Document Library, which is in the capitol and is opened 
only during sessions of the general assembly, and then only 
for the use of its members, although persons wishing to 
examine any of the books and records may be admitted on 
application; the Law Library, which is in the Supreme 
Court building and under the supervision of the supreme 
court justices, who employ a librarian. The other two 
libraries are under the control of a board of trustees con¬ 
sisting of the governor, superintendent of public instruction, 
and secretary of state, who elect a state librarian for a term 
of four years. This officer may employ an assistant in the 
State Library, and, during sessions of the general assembly, 
a temporary assistant in the Document Library. 


CHAPTER VI. 


STATE GOVERNMENT — JUDICIAL DEPARTMENT. 

The judicial power of the state is vested in a court for 
the trial of Impeachments, a Supreme Court, Superior 
Courts, Courts of Justices of the Peace, and such other 
courts inferior to the Supreme Court as may be established 
by law. The general assembly has no authority to deprive 
the judicial department of any power which rightfully be¬ 
longs to it, but must allot that portion of judicial power 
which does not pertain to the supreme court among the 
other courts as it deems best; must provide for a system of 
appeals and regulate the practice in all courts inferior to 
the supreme court in so far as such things may be done 
without conflict with other parts of the constitution. It 
must also provide for the establishment of special courts, 
where necessary, for the trial of misdemeanors in cities and 
towns, and must fix and regulate the salaries and fees of all 
judicial officers, but cannot diminish the salaries of the 
judges during their continuance in office. By a two-thirds 
vote of both houses it may remove any judge of the supreme 
court, or of any court inferior thereto, for mental or physical 
inability. 

Court of Impeachment. —The senate constitutes the court 
for the trial of impeachments. The chief justice presides 
when the governor is impeached. A majority constitutes a 

32 


STATE GOVERNMENT—JUDICIAL DEPARTMENT. 33 

quorum. It takes two-thirds of those present to convict. 
The punishment cannot extend beyond removal from office 
and disqualification to again hold office. The house of 
representatives alone can impeach—that is, bring charges 
before the senate as a court of impeachment. 

Supreme Court. — The supreme court has original ju¬ 
risdiction to hear claims against the state, but cannot issue 
any process to enforce its judgments against the state. It 
also has jurisdiction to review, on appeal, any decision of 
the lower courts upon any matter of law or legal inference, 
and has power to issue any writs necessary to give it a gen¬ 
eral supervision and control over inferior courts. It con¬ 
sists of a chief justice and four associate justices elected 
by the people for terms of eight years. 

The court appoints a clerk for a term of eight years, a 
marshal—who also acts as librarian and is removable at will— 
employs a reporter, and appoints an acting attorney-general 
when the attorney-general fails to attend. The court meets 
in Raleigh on the first Monday in February and the last 
Monday in August of each year. 

Superior Court. — This court has original jurisdiction 
of all actions whereof exclusive original jurisdiction is not 
given to some other court, and appellate jurisdiction of all 
cases determined by the clerk of that court or by justices of 
the peace, and other inferior courts. It is always open except 
for the trial of issues of fact requiring a jury. The distinction 
between actions at law and suits in equity being abolished, 
the jurisdiction of the former courts of equity devolves upon 
this court. It is presided over by a judge and there is a 
clerk of the court for each county. The sheriff also is an 


34 the government of north CAROLINA. 

officer of the court. The general assembly is required to 
divide the state into judicial districts and may reduce or in¬ 
crease the number of districts. A judge is elected for each 
district, who must reside in the district for which he is elected. 
But no judge shall hold the courts of the same district oftener 
than once in four years; the judges pass from one district 
to another in regular rotation. A term of the court must 
be held in each county at least twice in each year. There 
are now sixteen judicial districts, and, consequently, sixteen 
superior court judges. There is a petty jury in attendance 
on this court to try all criminal actions and such civil actions 
as by law must be submitted to a jury; and when criminal 
business is to be disposed of there is also a grand jury. 
Twelve constitute the petty jury and eighteen the grand jury. 
The judges are elected by the people of the whole state and 
hold their offices for eight years. The general assembly 
may, however, provide for their election by the voters of 
their respective districts. The clerks are elected by the 
voters of their respective counties for a term of four years. 

Clerk of the Superior Court. — This officer possesses 
judicial powers of considerable importance. Acting as a 
branch or subordinate department of the superior court, he 
has jurisdiction of special proceedings for the sale of the 
lands of a deceased person to make real estate assets in the 
hands of the executor or administrator for payment of debts; 
also of proceedings to allot dower to widows; for division of 
property, real or personal, or for the sale thereof for division; 
for the sale of the lands of infants when necessary, or for 
their advantage; and of various other proceedings of a sim¬ 
ilar nature. In all such cases an appeal lies to the judge 
from any ruling of the clerk on any question of law; and, if 


STATE GOVERNMENT—JUDICIAL DEPARTMENT. 35 


an issue of fact be raised, the same is transferred to the 
court in term for trial. 

The clerk also possesses original jurisdiction of such mat¬ 
ters as are generally within the province of the courts usu¬ 
ally styled, in other states, courts of Probate, or Orphans, 
or Surrogate Courts, to wit: the probate of wills, grant of 
letters testamentary or of administration upon the estates of 
deceased persons; appointment of guardians for infants, in¬ 
sane persons, and inebriates; auditing the accounts of all 
executors, administrators, and guardians, and seeing that 
they properly attend to their duties and faithfully serve the 
interests committed to their charge; the binding out of infant 
children who have no parents or worse than none. All deeds 
and other instruments which are by law required to be 
registered must be proven or acknowledged before him, or, 
if proven or acknowledged before some other official, he 
must examine and approve the certificate of such official 
before the instrument can be registered. 

The people in the transaction of ordinary business affairs 
come more frequently in contact with the clerk than with 
any other county official. 

Courts of Justices of the Peace. — These courts consist 
of a single officer, who may, however, in certain criminal 
proceedings associate another justice of the peace with him. 
Usually there is no jury in these courts, yet, upon demand of 
either party to an action, a jury of six must be summoned 
to try issues of fact. These courts have jurisdiction of all 
civil actions founded on contract wherein the sum demanded, 
exclusive of interest, does not exceed $200, and wherein 
the title to real estate is not in controversy; and the general 
assembly may confer upon them jurisdiction of other civil 


36 THE GOVERNMENT OF NORTH CAROLINA. 

actions—those not founded on contract—wherein the value 
of the property in controversy does not exceed $50. In 
all cases an appeal lies to the superior court, where the 
matter must be heard anew if it be a criminal charge and is 
heard anew in civil cases also. They have final jurisdiction 
of all criminal matters arising within their counties where 
the punishment cannot exceed a fine of $50 or imprison¬ 
ment for thirty days. 

They also have power to commit any one to prison for safe 
keeping, unless he gives bail, in all criminal cases of which 
they have not final jurisdiction, provided the proof of guilt 
be sufficient to make out a case of probable cause. When 
discharging his duties in such cases the justice is said to sit as 
a committing magistrate. When the jurisdiction is final the 
court adjudges whether the prisoner is guilty or not guilty, 
and, if guilty, imposes the sentence, and that is an end of the 
case unless the prisoner appeals; but where the officer sits 
as a committing magistrate, he does not adjudge as to the guilt 
or innocence of the prisoner any further than to ascertain 
whether there is probable cause—that is, reasonable grounds 
for the theory that the prisoner may or may not be guilty. 
If there be probable cause the prisoner is committed to jail 
for safe keeping until he shall be tried by the superior court, 
unless he gives bail—that is, security for his appearance at 
the court for trial. If probable cause is not shown the 
prisoner is discharged—set free—by the justice. When a 
prisoner is charged with a very serious crime, such as a 
capital felony, he is committed to jail without bail if probable 
cause be shown. 

There is no uniform law for the election of justices of the 
peace. In some counties they are elected by the voters of 
the townships in which they are to serve, while in others they 


STATE GOVERNMENT—JUDICIAL DEPARTMENT. 3/ 

are elected by the general assembly. Three are generally 
elected for each township, though for some counties more 
than three may be elected for each township. They hold 
office for two years and receive only fees for their services. 

Municipal Courts. — The general assembly, pursuant to 
its duty to establish “Special Courts, for the trial of mis¬ 
demeanors, in cities and towns,” has conferred upon the 
mayor of each city or incorporated town the jurisdiction of a 
justice of the peace in all criminal matters within the corporate 
limits of such places. In some of the larger cities the mayor 
has been relieved of such duties, and special courts, with a 
more extensive criminal jurisdiction than that of a justice’s 
court, have been created. 

Corporation Commission. — There is a court of record, 
known as the “Corporation Commission,” in which is vested 
all the powers of a court of general jurisdiction as far as 
concerns all subjects coming within the duties imposed upon 
it. This court consists of three commissioners, one of 
whom is elected at each general election for a term of six 
years. They elect one of their number chairman, and ap¬ 
point a clerk for a term of two years. The court is open at 
all times and the members must devote their entire time to 
their official duties. 

Very extensive powers are conferred upon this court and 
very many and important duties are imposed upon it in the 
matter of public service corporations—that is, corporations 
which under the law owe duties to the public as distinguished 
from those whose business is strictly of a private nature—such 
as railroad, street-railway, steamboat, express, and sleeping- 
car companies, and all other corporations engaged in carry- 


3^ THE GOVERNMENT OF NORTH CAROLINA. 


ing freight or passengers, also telegraph, telephone, banking, 
loan and trust, and building and loan companies. Over such 
corporations or companies the court has a general control 
and supervision. 

The members of the court constitute, ex officio, a board 
of “State Tax Commissioners,” and, as such, have extensive 
powers and duties in the matter of assessing property for 
taxation and enforcing the laws of the state imposing taxes 
and providing for their collection. 

Solicitor. — A solicitor is elected for each judicial dis¬ 
trict by the voters thereof. He holds his office for four years, 
and it is his duty to prosecute on behalf of the state in all 
criminal actions in the superior courts of his district—also 
to advise the officers of justice in his district. Note that the 
office of attorney-general belongs to the executive depart¬ 
ment, while that of solicitor belongs to the judicial department. 


CHAPTER VII. 


COUNTY, CITY, AND TOWN GOVERNMENT. 

The constitution requires the general assembly to pro¬ 
vide for the organization of cities, towns, and incorporated 
villages, and to restrict their powers of taxation, assessment, 
borrowing money, and contracting debts, so as to prevent 
abuses of these powers. Counties, cities, and towns are 
called municipal corporations because they are granted certain 
powers of self-government by acts of the general assembly 
usually called charters. The constitution provides that no 
such corporation shall “ contract any debt, pledge its faith, or 
loan its credit,” or levy or collect any tax, except for its neces¬ 
sary expenses, unless by vote of a majority of the qualified 
voters therein; and that all taxes levied by it shall be uniform 
and ad valorem upon all property in the same except that 
exempted by the constitution—that is, no favors or partiality 
shall be shown one person over another in the matter of 
taxation, and all property shall be taxed according to its 
true value in money and not otherwise. The general assem¬ 
bly may create, enlarge, diminish, destroy, and reestablish 
any such corporation at pleasure. 

The County. — The creation of counties and their govern¬ 
ment the constitution leaves entirely to the general assembly. 
Under the laws now in force the affairs of each county are 
placed under the control of a body styled “The Board of 

39 


40 


THE GOVERNMENT OF NORTH CAROLINA. 


County Commissioners for the County of-There 

is no uniform rule as to the number of commissioners which 
shall constitute this board, nor as to the manner of their 
election. In a majority of the counties there are three com¬ 
missioners, in quite a number of counties there are five, while 
one county has six and another seven, and in two counties 
either three or five may be chosen. In all of the counties 
except Montgomery and Vance the election of commissioners 
is by the people, while in those two counties it is by the justices 
of the peace. In all the counties the elections are biennial 
and the term of office is two years. The commissioners 
qualify and enter upon their duties on the first Monday in 
December next after their election. The board must hold 
regular meetings in the courthouse on the first Mondays in 
December and June of each year, and special meetings may 
be held on the first Monday in each month, but shall not 
continue in session longer than two days. Provision is also 
made for the call of special meetings at any time for the more 
convenient despatch of business. The board may adjourn 
its regular meeting in December and June from day to day 
until the business before it is disposed of. A majority con¬ 
stitutes a quorum. At each regular December meeting the 
board must choose one of its members as chairman for the 
ensuing year. 

The powers and duties of the board are: (i) To exempt 
persons from poll tax on account of poverty and infirmity; 
(2) To provide, by taxation or otherwise, for the payment of 
the debts of the county; (3) To submit propositions to con¬ 
tract debt to a vote of the people; (4) To make orders re¬ 
specting the property of the county; (5) To audit accounts 
against the county and provide for their payment; (6) To 
purchase land when necessary for county purposes; (7) To 



COUNTY, CITY, AND TOWN GOVERNMENT. 


41 


divide the county into townships and to change or divide 
townships; (8) To order the laying out, alteration, or closing 
of public roads, the building of bridges, the licensing of 
ferries and toll bridges, and to exercise general control over 
the roads, ferries, and bridges of the county; (9) To levy 
taxes for working the roads, when such a tax is directed by 
law; (10) To appoint an inspector of highways and bridges; 
(ii) To provide for working convicts on roads and public 
works in the county; (12) To appoint persons to represent 
the county at meetings of corporations in which the county 
holds shares of stock; (13) To sell or lease lands of the county 
—though its powers in this respect are very limited; (14) To 
provide for the maintenance of the poor; (15) To establish 
public hospitals; (16) To appoint a standard keeper and 
procure standard weights and measures; (17) To appoint a 
commissioner and take other steps necessary to opening and 
clearing rivers and streams; (18) To license pedlers and 
retailers of liquor; (19) To establish public landings and 
places of inspection and appoint inspectors of products; (20) 
To license auctioneers; (21) To require reports from county 
officers and employes; (22) To take the legal steps necessary 
to force the attendance of witnesses and production of books, 
etc., before the board when any matter within its jurisdiction 
is to be investigated; (23) To approve the bonds of county 
officers and induct them into office; (24) To adopt a county 
seal; (25) To levy county taxes; (26) To erect and repair 
county buildings; (27) To borrow money for the necessary 
expenses of the county; (28) To designate sites for county 
buildings; (29) To provide for a house of correction; (30) 
To regulate the speed of automobiles and other vehicles; (31) 
To provide for taxation for the support of the poor, aged, and 
infirm who cannot provide for themselves, and, to that end, 


42 THE GOVERNMENT OF NORTH CAROLINA. 

to establish a home for their accommodation and employ 
biennially a superintendent to look after it—which official 
they may remove for cause; (32) To build and repair a court¬ 
house and jail, and make rules for the preservation of such 
buildings and for the management of the jail; (33) To direct 
the application of all revenues of the county; (34) To select 
the jurors and draw those who are to serve in the superior 
court. There are sundry other duties imposed upon the 
board; only the principal ones have been stated. The register 
of deeds is ex officio clerk of the board. 

The Sheriff. — The sheriff is the chief executive officer in 
the county. He executes all the writs, both civil and criminal, 
issued from the superior court, and those issued from other 
courts when directed to him. He has charge of the jail and 
the custody of prisoners; executes those who are sentenced 
to death; summons those persons who have been drawn to 
serve as jurors; collects the taxes levied by the state and 
county upon persons and property in his county, except 
where the law otherwise provides; arrests, without warrant, 
persons whom he knows or has reason to believe to be guilty 
of felony or of inflicting a dangerous wound when such ar¬ 
rest is, in his opinion, necessary to prevent their escape. 
Many other duties and powers are incident to the office. 
The sheriff is elected by the voters of the county, holds 
his office for two years. He may appoint as many deputies 
—that is, persons to aid him in discharging his duties—as 
he sees fit. 

The Clerk of the Superior Court. — For the election, du¬ 
ties, and powers of this important county officer, see Chap¬ 
ter VI, ante. 


COUNTY, CITY, AND TOWN GOVERNMENT. 43 


Register of Deeds. — In each county there is biennially 
elected by the voters a Register of Deeds, whose principal 
duties are to act as clerk to the board of county commissioners; 
to record or register—that is, copy in full on the books of his 
office—all deeds, leases, contracts for the sale or purchase 
of lands, mortgages, deeds of trust, and all other instruments 
which the law directs or permits to be registered in his office, 
and to prepare and keep in his office full and complete 
alphabetical indexes of the names of the parties to all instru¬ 
ments registered; to make out the tax lists under the super¬ 
vision of the county commissioners; to issue marriage licenses 
to those entitled thereto by law and keep a record of all such 
licenses as he shall issue and of the returns thereto—that is, 
of the certificates of the ministers and justices of the peace who 
solemnize marriages; and to perform many other duties. 

Coroner. — In each county a coroner is elected by the 
voters biennially. When there is no coroner in a county, 
the clerk of the superior court appoints one for special cases. 
Whenever it is made to appear, by the oath of some responsi¬ 
ble person, that the death of some one was probably caused 
by the criminal act or default of another, it is the duty of the 
coroner to go to the place where the dead body is and summon 
a jury of six men, who, with the coroner, must investigate the 
facts and circumstances attending the death and take proper 
steps for the arrest of those whom they find to be guilty of 
the killing or responsible therefor. Of all these proceedings 
a report must be made to the superior court. This investi¬ 
gation into the cause of death is called a coroner’s inquest. 
When there is no sheriff in a county, or, because of his being 
interested, it is unlawful for him to act, the coroner performs 
the duties of sheriff. 


44 the government of north CAROLINA. 

The County Treasurer. — There is elected biennially in 
each county, by the voters thereof, a treasurer. But the 
justices of the peace of any county may abolish such office, 
in which event the sheriff becomes ex officio treasurer. 
His duties are to receive and disburse the moneys of the 
county; to keep and render accounts of all he receives and 
pays out; and to perform various other duties connected 
with the finances and property of the county. He cannot 
lawfully pay any claim against the county unless it has been 
audited and allowed by the board of county commissioners. 
He is ex officio treasurer of the county school fund, and, as 
such, receives and disburses all public school funds—which 
funds he must not pay out except upon orders signed by two 
members of the school committee and by the county super¬ 
intendent of public instruction. He is forbidden to mingle 
the funds of the county with the school funds, but must keep 
the two funds entirely separate and render separate accounts 
of each. 

County Surveyor, — The law provides for the election 
biennially of a county surveyor. His duties are to make 
surveys of public lands taken up or claimed by persons under 
the laws regulating how such lands may be purchased from 
the state, and the phosphate beds and oyster beds of the 
state leased by the people; to make plots of such surveys and 
send the same to the secretary of state; and, when employed 
so to do, to make the necessary surveys for commissioners 
appointed to divide land between persons owning the same in 
common, or to allot a homestead. 

Townships. — Under the constitution of 1868 counties 
were subdivided into townships and each township was 


COUNTY, CITY, AND TOWN GOVERNMENT. 45 


made a corporation, which biennially elected a clerk—who 
was ex officio treasurer—and two justices of the peace; also 
a school committee of three. The clerk and the two jus¬ 
tices constituted a Board of Trustees which, under the 
supervision of the county commissioners, had control of the 
taxes, finances, roads, and bridges of the township. This 
board also assessed the taxable property in the township. 
By the amended constitution of 1875 the general assembly 
was given power to change all this, and it has made such 
radical changes that the township remains but little more 
than a physical subdivision of the county. It now elects 
only a constable and sometimes justices of the peace. In 
the absence of an express statute to that effect it has no 
corporate powers. 

The township constable, under our law, executes writs 
issued by justices’ courts and by other competent authority; 
may arrest persons without a warrant under the circumstances 
which justify a sheriff in so doing; and is vested with other 
powers of more or less importance in the minor concerns of 
the people. His term is two years. 

Cities and Towns. — These municipal corporations are 
created by the general assembly by special acts generally 
called charters. If the charter sets out fully how a corpor¬ 
ation is to be governed, that controls; but if the act of in¬ 
corporation simply fixes the boundaries of the city or town, 
or only partially provides for its government, then the place 
is governed by a general statute—chapter 73 of volume i of 
the Revisal. In fact, that chapter of the Revisal applies to all 
cities and towns, but yields to special provisions in a charter. 

Governing Body in Cities and Towns. — The corporate 
powers of cities and towns are exercised by a board of officers 


46 THE GOVERNMENT OF NORTH CAROLINA. 

sometimes styled commissioners and sometimes aldermen. 
Unless otherwise provided by charter, the number of com¬ 
missioners or aldermen must not be less than three nor more 
than seven, who shall be elected biennially. This board has 
power to make ordinances, rules, and regulations for the 
government of the place and may enforce them by imposing 
pecuniary penalties. But, as many persons who violate such 
ordinances are without money, imposing a mere pecuniary 
penalty would do little good; therefore, the violation of such 
ordinances is made a misdemeanor—a crime against the 
state—punishable by a fine of $50 or by imprisonment for 
thirty days. All town ordinances must be reasonable and 
must be consistent with the constitution and general laws of 
the state. The board of aldermen generally appoints the 
policemen and other officials, and employs such other persons 
as may be necessary; levies taxes, establishes and regulates 
market-places; lays out and repairs streets; establishes a fire 
department; and does everything within the express or im¬ 
plied powers of local self-government which the law confers 
upon the corporation. 

Mayor. — The chief officer of a city or town is called 
the mayor. He presides at meetings of the board of com¬ 
missioners, but has no vote except in case of a tie. For his 
judicial powers see Chapter VI, “ Municipal Courts.” He 
is usually elected by the voters. 

Other Officials. — Cities and towns usually have a clerk, 
a tax collector, attorney, street commissioner, physician and 
board of health, chief of police and assistants or a constable, 
a fire department, and, very often, a superintendent of public 
schools; also inspectors of various kinds—to see that un- 


COUNTY, CITY, AND TOWN GOVERNMENT. 4/ 

wholesome food is not sold and that the sanitary laws are 
not violated—and a weigher. 

Distinction between a County and a City or Town _A 

county is a political subdivision of the state, created only 
for the purposes of government. A city or town is a sub¬ 
division not only for purposes of government but for the 
exercise of many other powers which are usually conferred 
upon private corporations. The most important conse¬ 
quence of this distinction is that a county is not liable, in 
the absence of some express statute to that effect, for the 
wrongful acts—either of omission or commission—of its 
officers, agents, or employes; while a city or town is liable 
in such cases. Thus, if a county road or bridge is out of 
repair in consequence of the negligence of the county offi¬ 
cials, one who suffers a loss or injury by reason of such bad 
road or bridge cannot recover damages from the county un¬ 
less there be some special statute giving him such right of 
action; but a city or town is liable for damages in similar 
cases. A policeman is a state official, though elected by a 
city or town; consequently, a city or town is not liable in 
damages for his misconduct. 


CHAPTER VIII. 


EDUCATION. 

The constitution of 1776 provided that a school or schools 
should be established by the legislature, “with such sal¬ 
aries to the masters, to be paid by the public, as may enable 
them to instruct at low prices”; and that all useful learning 
should be encouraged and promoted in one or more univer¬ 
sities. In 1789 the University of North Carolina was char¬ 
tered and endowed with escheats. Without stopping to 
trace the intermediate provisions of our constitution and 
statutes, we find in our present constitution that it is the duty 
of the state to guard and maintain the right of the people to 
the privilege of education; to devise means for the education 
of idiots and inebriates; to encourage schools and the means 
of education; to provide, by taxation and otherwise, for a 
general and uniform system of public schools wherein tuition 
shall be free to all the children of the state, both white and 
colored, between the ages of six and twenty-one, without 
discrimination in favor of or to the prejudice of either race, 
though the two races must be taught in separate schools. 
The descendants of the Croatan Indians, living in Robeson 
and Richmond counties, have separate schools. Each county 
must be divided into a convenient number of school districts, 
in each of which one or more public schools must be main¬ 
tained for at least four months in every year. At least 75% 
of the state and county poll tax must be applied to the pur- 

48 


EDUCATION. 


49 


poses of education, and so must the proceeds of all lands 
granted to the state by the United States, unless otherwise 
appropriated by the state or the United States. The net 
proceeds of all sales of the swamp lands of the state, all grants, 
gifts, or devises to the state not otherwise appropriated by 
the state or by the terms of the donation, the net proceeds 
from the sale of estrays, the clear proceeds of all penalties 
and forfeitures and of all fines collected for any breach of the 
penal or military laws of the state, and all moneys paid for 
exemption from military duty, are appropriated to the free 
public schools. The general assembly may enact that every 
child between the ages of six and eighteen, who has sufficient 
mental and physical ability, shall attend the public schools 
for not less than sixteen months, unless educated by other 
means. The election of trustees of the University of North 
Carolina is vested in the general assembly, and the benefits 
of that institution must be extended to the youth of the state 
free of expenses for tuition as far as practicable. All prop¬ 
erty reverting to the state by reason of the failure of heirs 
legally entitled to hold the same and all unclaimed divi¬ 
dends and shares in the estates of deceased persons are ap¬ 
propriated to the use of the University, and the general 
assembly must provide for the maintenance and manage¬ 
ment thereof. 

The Board of Education. — This is a corporation com¬ 
posed of the governor, lieutenant governor, secretary of 
state, treasurer, auditor, superintendent of public instruc¬ 
tion, and attorney-general. The governor is president 
and the superintendent of public instruction is secretary, 
and the state treasurer is treasurer thereof. It has full 
power to make aU needful rules and regulations for the 


50 THE GOVERNMENT OF NORTH CAROLINA. 

government of the public schools and for the management of 
the state educational fund, although such rules may be re¬ 
pealed or amended by the general assembly. It has charge 
of the improvement and sale of swamp lands belonging to 
the state; may lend money to county boards of education 
for building and improving public schoolhouses; is made 
a text-book commission and charged with the duties of 
selecting and adopting a uniform series of text-books for use 
in the public schools, of awarding the contract for supplying 
such books to the patrons of the schools, and of fixing the 
penalty of the bond required of such contractors. The 
contract covers a period of five years. In its duties in select¬ 
ing books, the board is aided by a subcommission of not 
less than five nor more than ten, to be selected by the governor 
from among the teachers or city or county superintendents 
of schools “actually engaged in the school business in this 
state,” not more than two of whom shall be taken from the 
same congressional district. 

Text-Books. —The text-books to be used in the public 
schools are selected as stated above. They cover a variety 
of subjects, must be in the English language, and must not 
contain anything of a partisan or sectarian character. Ex¬ 
cept in a few prescribed instances, only those books adopted 
by the commission may be lawfully used in the public free 
schools of the state. 

State Superintendent of Public Instruction. — This of¬ 
ficer is at the head of the public school system of the state. 
His duties are many and important and his powers very ex¬ 
tensive. Among the more prominent of these are the follow¬ 
ing: He must sign all requisitions on the auditor for the 


EDUCATION. 


51 


payment of money out of the state treasury for school pur¬ 
poses; he must direct the operations of the public school 
system and the enforcement of the laws and regulations 
relating thereto; all county school officials must obey his 
instructions and accept his construction of the school law; 
he must counsel the county boards of education and superin¬ 
tendents, lecture before teachers’ institutes, and address 
public assemblies on subjects relating to public schools 
and public school work; in biennial reports to the governor 
he must give information and statistics as to the schools and 
recommend improvements in the school laws. He must keep 
his office in Raleigh. He is allowed two clerks and a 
stenographer. 

The County Board of Education. — The general as¬ 
sembly appoints biennially, for each county, three men of 
good business qualifications and known to be in favor of pub¬ 
lic education but not engaged in the public schools, who 
constitute the County Board of Education and to whom is 
committed the general control and supervision of all matters 
pertaining to the public schools, with power to execute the 
laws regulating the same. This board must divide the town¬ 
ships into school districts, making each district as compact 
and convenient as practicable but to contain not less than 
sixty-five children. 

The board meets on the first Mondays in January, April, 
July, and October, and may continue in session two days. 
Special meetings of one day each may be called not oftener 
than once a month. 

County Superintendent of Public Instruction. — There 
is biennially elected for each county a county superintendent 


52 THE GOVERNMENT OF NORTH CAROLINA. 

of public instruction, who must be a practical teacher of liberal 
education, of at least two years’ experience, and of good moral 
character. He must reside in the county. He is ex officio 
secretary to the county board of education, must look after 
the finances of the public schools, hold teachers’ meetings, 
advise school committees, correct abuses, and, with the con¬ 
currence of the school committee, he may suspend any 
teacher for incompetency or bad conduct, and must per¬ 
form various other duties in connection with the schools. 
On the second Thursday of July and October of each year 
he must publicly examine all proper applicants for teachers’ 
certificates and issue certificates to those who are competent 
—without which certificates no teacher can be employed in 
the public schools. 

School Committee. — The county board of education of 
each county appoints biennially, on the first Monday in 
July, three intelligent men in each township as a school 
committee. The county board may elect a school committee 
of three for each school in the several townships if it see 
proper so to do. The school committee must take a census 
of the school population and of the deaf, dumb, blind, and 
illiterates, and has authority to employ and dismiss teachers. 
It is intrusted with the care of all the school property in the 
township. 

Treasurer of County School Fund. — The county treas¬ 
urer is ex officio treasurer of the school fund of his county. 
He gives a separate bond for such fund and must keep sepa¬ 
rate accounts thereof. 

Teachers. — Teachers must not be under eighteen years 
of age, must be of good moral character, and must have a 


EDUCATION. 


53 


certificate from the county superintendent. They are di¬ 
vided into three grades according to proficiency shown upon 
examination by the county superintendent, and their salaries 
are scaled according to grade. Those of the third grade 
can be employed only as assistants. 

Croatan Indians. — Persons residing in Robeson and 
Richmond counties supposed to be descendants of a friendly 
tribe of Indians once residing in the eastern portion of this 
state, known as the Croatan Indians, are, by law, designated 
as “the Croatan Indians.’’ They have separate schools 
for their children and school committees of their own race, 
and are allowed to select teachers of their own choice, subject 
to the same rules and regulations as are applicable to all 
teachers in the public schools. Negro children to the fourth 
generation are excluded from the schools of the Croatans. 

School Libraries. — Provision is made for aiding the 
patrons and friends of all free public schools in the establish¬ 
ment of a library in connection with each school. Whenever 
$io is subscribed for this purpose by the patrons, the county 
board of education and state board of education may each 
contribute a like amount. The state appropriates $7,500 
biennially for this purpose. There is a limit to the number 
of libraries which may be annually established under these 
provisions. 

The State’s Educational Institutions. — The following 
educational institutions are, in whole or in part, under the 
control and management of the state, and are aided by 
state appropriations: The University of North Carolina, 
located at Chapel Hill; The North Carolina College of Ag¬ 
riculture and Mechanic Arts, located at Raleigh; The State 


54 THE GOVERNMENT OF NORTH CAROLINA. 

Normal and Industrial College, for the education of young 
women of the white race, located at Greensboro; Appalachian 
Training School for Teachers, located at Boone; Cullowhee 
High School, located in the Cullowhee Valley, Jackson 
County; The North Carolina School for the Deaf and Dumb, 
located near Morganton; a school for the blind white children, 
located at Raleigh; Croatan Normal School, located in Robe¬ 
son County; normal schools for the colored race, located at 
Fayetteville, Winston, and Elizabeth City; The Agricultural 
and Mechanical College for the Colored Race, located at 
Greensboro; the State School for the blind and deaf and 
dumb of the colored race, located at Raleigh. 

City Schools. — The public schools in cities and towns 
are usually regulated by special statutes permitting the estab¬ 
lishment of graded and high schools and providing for their 
control and management by local boards and the levy of 
special taxes to supplement the portion of the public school 
tax appropriated to that community. The selection of the 
superintendents and teachers of such schools is generally 
left to the local board. Where there is no special legislation 
on the subject the general law permits every incorporated 
city or town, upon the approval of a majority of the qualified 
voters at an election, to levy a special tax to be expended 
upon the public schools in the corporation. 

Special School Districts. — Provision is made for levy¬ 
ing special taxes in any township for the support of one or 
more high schools, when such tax is voted by the people, 
and for the establishment of special school-tax districts, 
without regard to township lines, and the levy of special 
taxes therein for public school purposes. 


CHAPTER IX. 


CHARITABLE AND PENAL INSTITUTIONS. 

The constitution makes it the duty of the general as¬ 
sembly to provide for a penitentiary or state’s prison at some 
central and accessible point within the state, and permits 
that body to provide for houses of correction where va¬ 
grants and persons convicted of misdemeanors may be re¬ 
strained and usefully employed; and also to establish houses 
of refuge for the correction and instruction of other offenders. 
It is made the duty of the general assembly to require that 
the structure and superintendence of the penal institu¬ 
tions, county jails, and city prisons be such as to secure the 
health and comfort of prisoners and the separation of the 
sexes; to establish one or more “orphan houses,” where 
destitute orphans may be cared for, educated, and taught 
some business or trade; to devise means for the education 
of idiots and inebriates; and it may provide that the indigent 
deaf-mutes, blind, and insane be cared for at the expense 
of the state. All penal and charitable institutions must be 
made as nearly self-supporting as is consistent with the 
purposes of their creation. 

Penal Institutions. — The state’s prison or penitentiary 
is under the control of a board of five directors appointed by 
the governor, with the consent of the senate, for a term of 
four years. This board may establish and control a reform- 

55 


$6 THE GOVERNMENT OF NORTH CAROLINA. 

atory for the separate confinement of convicts under fifteen. 
The main state’s prison is at Raleigh, but convicts are also 
kept at large farms owned or leased by the state. Convicts 
may be hired out, but, when so hired, they must be under 
the actual management and control of the board or its agents. 
No female convict shall be worked on the public roads or 
streets. Good conduct is rewarded by shortening the sentence 
and by allowances in money. There is a special appropria¬ 
tion to maintain a Sunday school and to provide for religious 
services and the spiritual wants of the sick. Many convicts 
who would otherwise be sentenced to the state’s prison are 
sentenced to work on the public roads in those counties which 
have made proper provisions for the custody and employment 
of such persons, and so are persons convicted of misdemeanors 
in many instances. 

Each county has a jail and most of them have a work- 
house also, and the county authorities may establish houses 
of correction for the safe keeping, correcting, and employing 
of persons committed thereto. Jails must have five apart¬ 
ments, so that criminals shall not be confined with those 
who are not criminals, and that white and colored and male 
and female prisoners may be kept separated. There are 
many other provisions for enforcing the humane treatment of 
prisoners. 

Hospitals for the Insane. — The State Hospital at Mor- 
ganton and The State Hospital at Raleigh are two large 
institutions for the exclusive care of the white insane, except 
that the insane and inebriates of the Croatan Indians may be 
cared for in a separate department in the hospital at Raleigh. 
The State Hospital at Goldsboro is a large institution ex¬ 
clusively for the colored insane and inebriates. Each hospital 


CHARITABLE AND PENAL INSTITUTIONS. 57 

is under the management of a distinct board of nine directors 
appointed by the governor with the consent of the senate. 
Idiots are not admitted to these hospitals, and priority of ad¬ 
mission must be given to the indigent insane, though others 
may be admitted if there be sufficient room. The dangerous 
insane are cared for by The State Hospital for the Dangerous 
Insane, which is an institution under the management of 
the board of directors of the state’s prison. To this hospital 
are committed the dangerous insane, criminals adjudged to 
be insane, and persons who have “escaped indictment” for, 
or who have been acquitted of, certain serious crimes, upon 
the ground of insanity. 

Soldiers^ Home. — The Soldiers’ Home Association is a 
corporation empowered to maintain and govern a home 
for deserving needy Confederate soldiers who served in any 
North Carolina command during the late war, or who 
served in the Confederate army, if now bona-fide citizens of 
this state. It is managed by a board of seven directors— 
four appointed annually by the governor and three elected 
by the corporation. The treasurer of the state is ex officio 
treasurer of the corporation. 

The site of the home is what was, during the Civil War, a 
hospital for Confederate soldiers, known as “ Pettigrew Hos¬ 
pital.” It is situated at Raleigh, and was dedicated to its 
present purposes by the state. The home is aided by liberal 
appropriations by the state. 

Pensions. — Pensions are provided for disabled Con¬ 
federate soldiers and sailors, and for the widows of such sol¬ 
diers and sailors. The same pensions are allowed in cases 
of persons disabled, etc., in the militia service of the state. 


58 THE GOVERNMENT OF NORTH CAROLINA. 

These pensions are confined to those really in need, and 
vary in amount from $20 to $120 per annum. 

Orphans.—There is a large institution, located at Oxford, 
for the care of orphan children. It is known as the Oxford 
Orphan Asylum, and was established by the Grand Lodge 
of Masons of North Carolina. It is open to all white orphans 
over six years of age who are in need, whether they be the 
children of Masons or not. The state appropriates $10,000 
annually toward the maintenance of this institution, and the 
governor appoints three of its board of directors at the request 
of the Grand Lodge. 


CHAPTER X. 


TAXATION. 

Constitutional Provisions. — The general assembly is 
required to levy a capitation or poll tax—that is, a tax on the 
man himself—on every male inhabitant in the state who is 
over twenty-one and under fifty years of age, unless he be 
exempted therefrom by the county commissioners because 
of his poverty or infirmity. This tax must be equal to the 
tax on. S300 worth of property, but the county and state 
tax combined can never exceed $2 on the head. These 
provisions, by construction, limit the state tax to 66| cents 
on the $100. 

“All moneys, credits, investments in bonds, stocks, joint 
stock companies, or otherwise ” must be taxed by the state 
by a uniform rule; and, also, all real and personal property 
according to its true value in money. 

Trades, professions, franchises, and incomes may be taxed 
by the state; but no income can be taxed when the property 
from which it is derived is taxed. Sales, purchases, and other 
acts previously done cannot be taxed retrospectively. 

All taxes levied by any county, city, town, or township 
must be uniform and ad valorem upon all property in the 
same except that exempted by the constitution. The taxes 
levied for county purposes must be levied in like manner with 
the state taxes and must never exceed the double of the state 
tax, except for a special purpose and with the special approval 
of the general assembly. 


59 


6o THE GOVERNMENT OF NORTH CAROLINA. 

No county, city, town, or other municipal corporation can 
levy any tax, except for its necessary expenses, unless by vote 
of a majority of the qualified voters therein. 

Property belonging to the state or to municipal corpora¬ 
tions is exempt from taxation; and the general assembly 
may exempt cemeteries and property held for educational, 
scientific, literary, charitable, and religious purposes, also 
personal property, not exceeding $300 in value, held by 
private individuals. 

Revenue Acts. — Each general assembly appropriates 
money for the support of the state government, to maintain 
the state educational and charitable institutions, and for such 
other objects as in the judgment of that body are for the best 
interests of the state and its citizens. To provide the money 
for these appropriations an act is passed at each session 
imposing taxes upon polls and property, and upon trades, 
professions, franchises, and income; and also providing how 
and when those liable for such taxes shall list their polls and 
property and pay their taxes, and how such payments may 
be coerced if not voluntarily made. The act imposing the 
taxes is usually styled the Revenue Act or Act to Raise 
Revenue, the other the Machinery Act. Sometimes the two 
acts are combined in one. The Revenue Act usually im¬ 
poses a tax on polls and property; an inheritance tax, which 
is a tax upon all property that, upon the owner’s death, 
passes to his kin or those to whom he gives it by his will; an 
income tax, which is imposed upon a person’s annual receipts 
from his salary, fees, trade, profession, and property not 
taxed; a license tax, which is imposed upon all persons and 
corporations carrying on certain kinds of business, such as 
theatrical performances, circuses, etc., and on attorneys, 


TAXATION. 


6 l 


physicians, dentists, and upon many other callings and trades. 
These licenses are included in that part of the Revenue Act 
styled “Schedule A license tax is imposed upon cor¬ 

porations such as railroad, express, telegraph, and telephone 
companies, and all other corporations, for the privilege of 
carrying on business. These licenses are usually included 
in “Schedule C” of the act. 

Taxation by Counties, Cities, and Towns. — The ex¬ 
penses of the county—such as sustaining the poor, building 
and repairing bridges and necessary public buildings, running 
the superior courts, etc., etc.—are paid from taxes levied by 
the board of county commissioners in like manner with the 
state taxes, but never exceeding the double of the state tax, 
except when permitted by special act of the general assembly. 
Cities and towns are permitted to levy taxes for municipal 
purposes under special provisions in their charters, or, in the 
absence of such provisions, by the general statute regulating 
such corporations. All taxes levied by any county, city, or 
town must be uniform and ad valorem upon all property 
within its limits except that exempt by law. Counties are 
generally, but not always, allowed to levy the same license 
or privilege taxes as are levied by the state. Cities and 
towns are permitted to levy license or privilege taxes on many 
trades, etc. 

Exemptions. — Acting upon its powers under the con¬ 
stitution to exempt cemeteries and property held for educa¬ 
tional, scientific, literary, charitable, and religious purposes, 
the general assembly has been very liberal in exempting 
property devoted to such purposes. These exemptions appear 
not only in the Revenue Act, but also in many charters granted 
to religious, charitable, and educational corporations. 


62 


THE GOVERNMENT OF NORTH CAROLINA. 


Assessments. — The constitution provides that the 
township trustees shall assess the taxable property in their 
townships and make returns thereof to the county commis¬ 
sioners for revision; but, acting under its power to revoke 
that provision, the general assembly has provided for the 
assessment of property by three resident freeholders of each 
township, appointed by the board of county commissioners. 
These assessors constitute the Board of List-takers and 
Assessors, whose duty it is to assess for taxation all the 
property in the township and to ascertain the value in money 
of all personal property and of every tract or parcel of land 
with the improvements thereon. The assessments, when 
made, remain in force for four years, subject to changes in 
consequence of structures on land being improved, erected, 
or destroyed. These boards are to be appointed in April, 
1907, and every fourth year thereafter. The board of 
county commissioners, in conjunction with the chairmen of 
the several boards of list-takers and assessors of the various 
townships and of the wards in cities and towns, constitutes a 
Board of Equalization, whose duty it is to increase or reduce 
the' valuations placed upon property by the assessors where 
such valuations are erroneous, so that all property subject 
to taxation shall be entered on the tax-lists at its true value in 
money. 

State Tax Commissioners. — The members of the cor¬ 
poration commission constitute a Board of State Tax Com¬ 
missioners, which has general supervision of the tax-listers 
and assessing officers of the state, and is required to take such 
measures as will secure the enforcement of the law to the 
end that all property in the state liable to taxation shall be 
placed upon the tax-list at its true value in money. This 


TAXATION. 


63 


board may inspect the tax-list of each county after it is 
passed upon by the county board of equalization, and is 
given especial powers in the matter of correcting improper 
valuations and adding property omitted from the tax-list. 

Listing Property, etc., for Taxation. — In April of 
each year, except those years in which the Board of List- 
takers and Assessors is appointed, the county commissioners 
must appoint one competent person in each township, and 
may also appoint one for each ward in a city or town, to list 
the lands therein (at the valuation previously assessed) and 
all personal property in the township. During June of each 
year every person must make out, sign, and verify by his 
oath a statement of all the taxable property he owned on 
June ist, and deliver this statement to the list-taker. Forms 
for such statement are prepared by the state auditor and are 
furnished by the list-taker to all persons having property to 
list. Females and non-residents may act in this matter by 
their agents. This statement must give the age of the person 
making it, if a man, so that the poll tax may be collected 
from him if he is liable therefor. It must also state the in¬ 
come of the person for the twelve months next preceding 
June I St, if such income be over $1,000, and must state many 
other matters necessary to the proper levying and collecting 
of taxes. 

Corporations. — Corporations are required to furnish 
statements to the list-taker differing somewhat from those 
required of individuals. These statements are not the 
same as to all corporations, but are adapted to the character 
of business in which the corporation is engaged. The listing 
of the property of corporations and the valuation of their 


64 THE GOVERNMENT OF NORTH CAROLINA. 

property and franchises, and many other matters incident to 
the enforcement of the laws imposing taxes upon them, are 
to a very great extent under the control or supervision of 
the state tax commission. Corporations, as well as private 
individuals, are protected and governed by the provisions of 
the constitution with regard to taxation. They are generally 
taxed upon their property and franchises and are also required 
to pay license or privilege taxes. 

Collection of Taxes. — The sheriff collects the state and 
county taxes, though many taxes imposed by the state, 
especially the license taxes imposed upon corporations, are 
collected by the Insurance Commissioner and Treasurer of 
the state. Taxes imposed by cities and towns are usually 
collected by a city tax-collector or by the town constable. 
Unless otherwise provided by law, all taxes are due on the 
first Monday in September of each year and payment may 
be enforced from and after that date. Taxes are a lien upon 
real estate from the first day of June of the year in which it 
is listed, but are not a lien upon personal property until it is 
levied on—that is, seized by the sheriff or other officer whose 
duty it is to collect the tax. 

Both real and personal property may be sold for taxes, 
but personalty must be exhausted before realty is resorted to. 
Sales of realty must be on the first Monday in May, after 
notice to the taxpayer and advertisement. If the sale is 
not then made, another day may be fixed by the county 
commissioners. Real estate sold for taxes may be redeemed 
within a year by paying to the purchaser the price he paid 
for it with interest at 20% per annum and costs, expendi¬ 
tures, etc. 


INDEX. 


Agriculture, Department of, 27. 
Appropriations, 20. 

Assembly, 17-19. 

Assessments, 62. 

Attainder, Bills of, 12. 

Auditor, 25. 

Blind, schools for, 54. 

Board of Education, 49. 

Buildings, Board of Public, 30. 

Charities, Board of Public, 27. 
Charitable Institutions, 55. 

Cities and Towns, 45. 

City Schools, 54. 

Clerk of the Superior Court, 34. 
Collection of Taxes, 64. 

Colonial Charters, i. 

Constitution, Adoption and Develop¬ 
ment, 4-10. 

Coroner, 43. 

Corporations, 63. 

Corporation Commission, 37. 

County, 39. 

County Board of Education, 51. 

County Superintendent of Public In¬ 
struction, 51. 

County Surveyor, 44. 

County taxes, 40, 41. 

County Treasurer, 44. 

Courts of Justices of the Peace, 35. 
Croatan Indians, Education of, 53. 

Deaf Mutes, schools for, 54. 

65 


Education, 48. 

Educational Institutions, 53. 

Executive Department, 22. 

Geological Board, 28. 

Governing Bodies in Cities and Towns, 
45- 

Governor, 23. 

Health, Board of, 28. 

Historical Commission, 30. 

Hospitals for Insane, 56. 

Impeachment, 32. 

Improvements, Board of Internal, 
29. 

Insane, 56, 

Insurance Department, 29. 

Judicial Department, 32. 

Justices of the Peace, 35. 

Labor and Printing, Bureau of, 26, 
Law-making, 19. 

Libraries, Public, 31. 
Lieutenant-Governor, 24. 

Listing Property for Taxation, 63. 

Mayor, 46. 

Military, 29. 

Municipal Courts, 37. 

Officials of Cities and Towns, 46. 
Organization of General Assembly, 
18. 

Orphans, 58. 



66 


INDEX. 


Penal Institutions, 55. 

Pensions, 57. 

Pension Boards, 30. 

Powers of General Assembly, 20. 

Press, Freedom of, 15. 

Register of Deeds, 43. 

Restrictions of General Assembly, 
20. 

Revenue Acts, 60. 

Rights, II. 

of the People, 54. 

School Committee, 52. 

School Libraries, 53. 

Secretary of State, 24. 

Sheriff, 42. 

Slavery, 13. 

Soldiers’ Home, 57. 

Solicitor, 38. 


Special School Districts, 54. 

State Superintendent of Public In¬ 
struction, 50. 

State Tax Commissioners, 62. 

Superior Court, 33. 

Supreme Court, 33. 

Surveyor, County, 44. 

Taxation, 59. 

Taxation by Counties, Cities, and 
Towns, 61. 

Taxes, Collection of, 64. 

Teachers, 52. 

Text Books, 50. 

Townships, 44. 

Treason, 14. 

Treasurer, 25. 

Treasurer, County, 44. 

Treasurer of County School Fund, 52, 




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